Bok:978 3 662 09714 4

Environmental Protection
in the European Union

Volume 1
Edited by
Michael Schmidt and Lothar Knopp, Cottbus
Springer-Verlag Berlin Heidelberg GmbH
Michael Schmidt . Lothar Knopp (Eds.)
Reform in CEE-Countries
with Regard
to European Enlargement
Institution Building
and Public Administration Reform
in the Environmental Sector
With 14 Figures and 8 rabIes
, Springer
Professor Dr. Michael Schmidt
Chair of Environmental Planning,
Brandenburg University of Technology (BTU), Cottbus
Vice-President for International Affairs
Professor Dr. Lothar Knopp

Chair of Constitutional,
Administrative and Environmental Law,
Executive Director of the Centre
for Legal and Administrative Studies,
Brandenburg University of Technology (BTU), Cottbus
Universitiitsplatz 3-4
03044 Cottbus
Germany
ISBN 978-3-642-07308-3 ISBN 978-3-662-09714-4 (eBook)

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Foreword
In May 2004, aseries of new countries, mainly in Central and Eastern Europe,
will join the EU. The institutional reforms necessary to cope with this enlarge-
ment of the EU are prescribed by the Treaty of Nice of 26 February 2001. This
volume contains the papers discussed at the conference held at Brandenburg
University of Technology, Cottbus on 21-22 February 2002 on the guidelines,
instruments and programmes available to facilitate the accession of CEE coun-
tries to the EU. Sponsored by the Deutsche Bundesstiftung Umwelt (German
Federal Foundation for the Environment), Osnabruck, the conference also dealt
with the internal preparations being made by the accession countries themselves,
focusing particularly on Poland as one of Germany's most important partner
countries.
The main topics of the contributions included in this volume are EC law, partic-
ularly EC administrative and environmental law and their incorporation into
national law, organizational and administrative mechanisms necessary to carry
out this incorporation process, as well as the latest EU development programmes
for the benefit of CEE accession countries. Well-known German and Polish
scholars and practitioners describe the progress made to date on the harmoniza-
tion of Polish law with EC law and on the technical and legal administrative
reforms which have to take account of the prevailing structure of the country's
agricultural sector. The conference clearly pinpointed the factors and issues
which have to be considered to ensure the smooth accession of CEE countries to
the EU, and the papers here published document the latest stage of discussion on
this subject on the political, academic and practicallevels. May this book have
the success it deserves !
Osnabruck, 14 August 2003

Dr.-Ing. E.h. Fritz Brickwedde
Secretary general of the German Federal Environment Foundation

Preface
From 21-22 February 2002, Brandenburg University of Technology, Cottbus

hosted a conference entitled "Institution Building and Public Administration in
CEE Countries in the Environmental Sector with Regard to European Enlarge-
ment" (sie) which was sponsored by the Deutsche Bundesstiftung Umwelt
(German Federal Foundation for the Environment), Osnabrck. The conference
provided a forum for the views of well-known experts from Germany, Poland and
Bulgaria on specific questions concerning the regulation of environmental
protection on the eve of the accession of CEE countries to the EU. In this respect,
particular attention was paid to Poland as an example for the progress made to
date in the process of bringing national standards into line with EU standards.
As English was the language of the conference, the papers contributed by the
various speakers are reproduced here in the form in which they were presented
for discussion and later submitted for publication. The original form of the papers
has been retained mainly in the interest of authenticity, but also in order to
preserve and give due credit to the true individual character of the discussion
themes and the opinions of their contributors.
The result is a highly topical volume of conference papers which does full justice
to both the particular themes discussed and to the individual contributors from the
three participating countries.
The Editors
Cottbus. October 2003
Contents
Session 1
EC Environmemtal Law and its Enforcement ....................... 1
Lothar Knopp
Instruments of European 1aw and questions concerning
their imp1ementation at national level as exemplified by water law,
immission controllaw and waste law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
Matthias Domhert
P01and as an examp1e for the harmonization of European law -
the environmental and p1anning law requirements for the 1icensing
of intensive animal farms ........................................ 15
fan Boi: / Konrad Nowacki

The harmonization of Polish environmental protection law
with European Union law ........................................ 21
ferzy Sommer
The organizational and legal instruments available for harmonizing
Polish environmentallaw with EC environmentallaw . . . . . . . . . . . . . . . . .. 29
Alicja Majgier
The EU Rural Development Programme and the accession process ....... 53
Tadeusz Triziszka
Public access to information on the environment and environmentallaw
implementation - the new legislation in practice ...................... 67
Szymon Szewranski
Development of ecological farming in Poland, other trends
in food production and their prospects within the EU market ............ 79
Marek Zygadlo
Organizational and legal instruments available to public authorities for the
protection of the environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
x Contents
Session 2
Experiences in Institution Building and Future Requirements
for Reporting and Evaluation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 97
Michael Schmidt / Harry Storch

Transborder regions and administrative boundaries:
institution building on the basis of common environmental values
and its role in the enlargement of the EU ............................ 99
Bettina Fellmer
The adoption of the acquis communautaire
in environmentallegislation in the accession countries -
examples under German co-ordination .............................. 113
Marianne Badura
Twinning as an instrument for implementing the principles of ecological
planning in the countries of Central and Eastem Europe ................ 125
Franz Ellermann
Twinning - achallenge for both candidate countries and Member States ... 135
Slavitza Dobreva
Bulgaria's accession to the European Union ......................... 155
Carolin Schilde
Deve10pment of environmental education in Brandenburg -
an assessment of financial support programmes and structures ........... 187
Matthias Herbert
Landscape planning in Eastem Europe - an established instrument for nature
protection in Germany and its potential as a model for regu1ating nature
protection and landscape conservation in Central and Eastem Europe ..... 195
List of Contributors
Marianne Badura
BIue! Company, Freising
Prof Dr. fan Boc

Faculty of Law, Administration and Economy, Wroclaw University,
Institute of Administrative Sciences,
Manager of the Section for Administrative Law
Slavitza Dobreva
European Integration and International Cooperation Department,
Ministry of Environment and Water, Sophia, Bulgaria
Prof Dr. Matthias Dombert

Lawyer and adminstrative law specialist, judge at the Constitutional Court
of Brandenburg, lecturer at the Faculty of Law, University of Potsdam
Franz Ellermann
EU Pre-Accession Advisor, Berlin
Bettina Fellmer
German Society for Technical Cooperation (GfZ) and Twinning Office,
Federal Ministry of Finance, Berlin
Mathias Herbert
Federal Authority for the Protection of Nature -
Leipzig Office, Dept. 11 3 Landscape Planning and Development
Prof Dr. Lothar Knopp

Chair of Constitutional, Administrative and Environmental Law,
Executive Director of the Centre for Legal and Administrative Studies,
Brandenburg University ofTechnology (BTU), Cottbus
Mgr. Alicja Majgier

Director of the Dept. of Agriculture, Voivodship Administration, Wrodaw
Prof Dr. Konrad Nowacki
Institute of Administrative Sciences, Section for Administrative Law
Dr. Carolin Schilde

SPD parliamentary party member, Land parliament of Brandenburg,
Committee for Agriculture, Environmental Protection and Regional Planning
Prof Dr. Michael Schmidt

Chair of Environmental Planning, Brandenburg University of Technology,
Cottbus, Vice-President for International Affairs
XII List of Contributors
Prof Dr. Jerzy Sommer

Polish Academy of Sciences, Warsaw Institute of Legal Studies,
Head of the Research Group on Environmental Law
Dr. Harry Storch

Chair of Environmental Planning, Brandenburg University of Technology,
Cottbus
Dr.-Ing. Szymon Szewranski
Agricultural University of Wroclaw, Faculty of Food Science,
Department of Animal Products Technology
Prof Dr. Tadeus Trziszka
Vice-Rector ofthe Agricultural University ofWroclaw, Faculty ofFood Science,
Head of the Department of Animal Products Technology
Dr. Marek Zygadlo

Institute of Administrative Sciences, Section for Administrative Law
Session 1
EC Environmemtal Law and its Enforcement
Chaired by: Prof. Dr. Lothar Knopp

Instruments of European law and questions
concerning their implementation at national
level as exemplified by water law, immission
controllaw and waste law
Lothar Knopp
1. Omnipresence of EC Law
As already noted by Breuer1 in 1993, there are more and more instanees of eon-
fliet between German and European environmentallaw. The number of eases lost
by the Federal Republie before the Court of Justiee of the European Communities
(ECJ) on eharges of inadequate implementation of EC direetives stood at an
impressive 28 by the end of the year 20002. As primary and seeondary EC law
takes preeedenee over the law of Member States at least in principle3, national
legislation in those areas eovered by EC law is thus bound to follow European
speeifieations. The eontradietion in praetice is seen especially in environmental
law, where the opening of proceedings against the Federal Republie for violations
of eontraet has reeently given rise to repeated aeeusations by the EU4 that the
Federal Republie has not, or has improperly ineorporated the respeetive EC
direetives into its national environmentallegislation.
Today, however, the omnipresenee of EC law is apparent not only in environmen-
tallaw but also in many other areas of nationallegislation, e.g. general eeonomie
administration law, trade monopolies law, labour and social welfare law and loeal
government law 5 . In the long ron, the resulting eonfliets ean only be addressed by
a eoneerted rethink at both national and supranationalleve16.
1 Breuer, Entwicklungen des europischen Umweltrechts - Ziele, Wege und Irrwege, 1993,
p.5.
2 Versteyl, in: Erbguth (ed.), Europisierung des nationalen Umweltrechts: Stand und Per-
spektiven, 2001, p. 137ff., 138, who points out further that Belgium is in the lead with 29
convictions by this date and that ltaly, like Germany, also stands at 28; cf. Breuer, loc. eit.,
p. 5, also refs. ibid. note 2.
3 Cf. for details Ehlers, in: Erichsen (ed.), Allgemeines Verwaltungsrecht, 11th ed., 1998,
3 IV 1 margin note 42 with ref. to the jurisdiction of the ECJ and the Fed. Const. Court.
4 E.g. recent cases involving the Waste Oil Regulation, PBC wastes, FFH Directive.
5 Cf. e.g. Schmahl, DV 1999, 852ff., 852; otherwise her article deals particularly with the
impact of EC law on German local government law.
6 Cf. the coneluding appeal by Breuer (note 1 above), p. 100; Kloepfer, Umweltrecht, 2nd
ed., 1998, 9 margin note 7 points out the elose legal interconnection between European
and nationallaw, especially environmentallaw, and denies the one-sided predominance of
the European level, stressing instead the mutual influence exerted by the national legal
systems of the Member States and Community law.
4 Lothar Knopp
2. Instruments of EC Law
2.1 Sources and instruments of legislative authority in
environmental protection
Articles 174 to 176 EC Treaty of Amsterdam (Treaty Establishing the European
Community of 25.03.1957, Fed. Law Gazette 11, p. 766, eOIT. p. 1678 and 1958,
p. 64, as mostreeently amended by the Treaty of Amsterdam of02.l0.1997, Fed.
Law Gazette 11, p. 386,199911 p. 296, 416) are now clearin theirregulation ofthe
legislative authority of the Community in the field of environmental proteetion.
Aeeordingly, in pursuit of the Treaty objeetive stated in Art. 2 EC, the EC is
authorized to promote "environmentally eompatible growth", whieh is expressed
in more eonerete terms in Articles 175 para. 2 and 95 para. 3 EC as growth
direeted towards attaining a "high level of proteetion,,7.
The aims of EC environmental poliey are stated as follows in Art. 174 para. 1 EC:
to preserve and proteet the environment and improve its quality;
to proteet human health:
to use natural resourees in a prudent and sensible manner;
to support international measures to overeome regional and global environ-
mental problems.
Aeeording to Art. 175 para. 1 EC, the responsible bodies deeide on how the EC
is "to take action" to aehieve the above aims, whereby they have the option of
seleeting the appropriate Community law instrument from the range available in
eaeh particular case. Art. 249 EC specifies these instruments as regulations,
directives, decisions, recommendations and opinions 8 ; in what follows, the main
emphasis lies on the legal instrument proven in praetice to be the most important
in shaping European environmental poliey, namely, the direetive. Aceording to
Art. 249 para. 3 EC, "direetives shall be binding, as to the result to be achieved,
upon eaeh Member State to whieh it is addressed, but shallleave to the national
authorities the ehoice ofform and methods" (see 3 below).
Finally, Art. 175 para. 3 EC spells out the possibility of issuing statutory orders to
launeh so-ealled action programmes of environmental poliey, as has been Com-
munity praetiee sinee 19739 .
7 Kloepfer, loc. cit., 9 margin note 8 with refs.; cf. in detail Himmelmann, EG-Umwel-
trecht und nationale Gestaltungsspielrume, 1st ed., 1997, p. 32 ff. with refs.; Frenz,
Europisches Umweltrecht, 1997, margin notes 65 ff. with refs.
8 Cf. for details Kloepfer, Umweltrecht, 9 margin notes 16 ff.; Ehlers (note 3 above), 3
II margin notes 26 ff.
9 Kloepfer, loc. cit., 9 margin notes 21, 46 ff. with refs.; Breuer (note 1 above), p. 22 ff.
with refs.; in detail Hurrelmann, loc. eit., p. 19 ff.
Implementing EC law at national level 5
2.2 Regulations
An EC regulation is defined as "having general application, binding in its entirety

and directly applicable in all Member States" (Art. 249 para. 2 EC) - without
going through national legislative channels. Contradictory national statutes are
overruled because of the supremacy of EC law, without any need for lower courts
to appeal to the Federal Constitutional Court in cases of non-application of the
latter in accordance with Art. 100 para. 1 of the German Basic Law lO . Regula-
tions confer rights and impose duties on the Community, meaning not merely the
Member States as such, but also their public authorities and courts as weH as the
individuals addressed in the respective regulations 11.
As regards environmental policy, mention has to be made here of the recently
amended environmental audit regulation, which entered into force on
27.04.2001 12. This regulation is probably the most ambivalent instrument of
European legislation to be enacted since the first environmental audit regulation
entered into force in 1993 13 . The aim of the Community system established by
the EC regulation, known as EMAS, is to provide an incentive for companies
(expanded to "organizations" in Apri1200l) to set up and implement effective in-
company instruments for the protection of the environment, including so-called
environmental audits, and to inform the public of the participating companies'
environmental performance on the basis of internal and external evaluations 14. A
total of 2,751 company locations in the Member States of the Community were
validated and registered under the EC environmental audit regulation (EMAS I)
between autumn 1995 and 30.06.1999. The experiences ofthese companies with
EMAS are documented in detail in the report published by the Federal Environ-
ment Authority in 1999 15 . In amending the regulation, one of the main concerns
of the legislator was to remove weaknesses and other points of criticism in the
then current Community system. The practical experiences with EMAS 11 will
show whether EMAS succeeds in establishing itself on the market and in the pub-
lic eye as a "seal of quality" for ambitious environmental protection as practised
by the participating companies, or whether it will merely rank as an exotic alter-
native alongside other environmental management systems available for com-
mercial enterprises and local governments.
10 Grundgesetz - GG; Cf. Kloepfer, Umweltrecht, 9 margin note17 with ref. to ECJ
Coll.l963, 1 ff. and Fed. Const. Court 31, 145, 174 f.
11 Cf. e.g. Ehlers (note 3 above), 3 Ir 2 margin note 27; on regulations as "secondary Com-
munity law" see Frenz (note 7 above), margin note 196.
12 Regulation allowing voluntary participation by organizations in a Community eco-man-
agement and audit scheme of 19.03.2001, OJ L 114/1, 24.04.2001. Regulation (EC) 761/
2001 - EMAS Ir = Eco-Management and Audit Scheme: see e.g. Langerfeldt, NVwZ
2001,538 f.; Knopp, NVwZ 2000,1121 ff., NVwZ 2001,1098 ff.
13 Regulation (EEC) 1836/93 of 29.06.1993, OJ C 168/1, also OJ 1995 L 203/17.
14 Cf. also Knopp/Ebermann-Finken, EWS 2000, 329 ff., 329 with refs.
15 Umweltbundesamt (ed.), EG-Umweltaudit in Deutschland. Erfahrungsbericht 1995 bis
1998, 1999.
6 Lothar Knopp
Where environmental policy is concerned, regulations are otherwise important

mainly in the ratification under Community law of international agreements and
in the implementation of institutional, organizational and financial measures 16.
2.3 Directives
The directive is traditionally the main instrument and also the most significant
form of law enacted by the Community in the area of environmental protection.
According to Art. 249 para. 3 EC, a directive is binding as to the objective to be
achieved only upon each Member State to which it is addressed, but leaves the
choice of form and means to achieve it to the respective domestic agencies. In
order for a directive to take direct effect in favour of an individual, therefore, it
has to be implemented by the Member States 17. However, the resulting scope for
flexibility can in fact be very limited, as directives may be quite detailed due to
the fact that objectives can be precisely defined and also due to the difficulty in
drawing a clear distinction between objectives and means l8 .
If directives are properly implemented, the legal consequences are those which
arise from the national provisions for implementing the directives; it is these pro-
visions which confer rights and impose duties on the individual 19. In exceptional
cases, a directive has direct effect or is directly applicable 20, namely:
if the respective Member State fails to implement it in the prescribed period or
in fuH;
if its provisions are unconditional and unambiguously clear;
if its application is not dependent on a further implementation law, and
if it imposes an obligation only on the respective Member State towards the
Community (so-called objective effect), or if it grants a benefit only to a Com-
munity citizen which is to be provided by a Member State (so-called vertical
effect).
Domestic authorities are obliged to apply the provisions of Community directives
in cases of improper implementation and, in particular, to interpret nationallaw in
such a way that it conforms to directives 21 .
16 Cf. Kloepfer, Umweltreeht, 9 margin note 17 with refs.

17 Cf. for details Frenz (note 7 above), margin notes 198 ff.; Ehlers (note 3 above), 3112
margin notes 28 ff.; also Kloepfer, Umweltreeht, 9 margin note 18.
IS Frenz, loe. eit., margin note 198; Ehlers, loc. eit., margin note 28.
19 On the implementation of direetives in detail see Himmelmann (note 7 above), p. 130 ff.
with refs.
20 Ehlers (note 3 above), 3 11 2 margin note 29.
21 Kloepfer, Umweltreeht, 9 margin note 18 with refs.
The best recent example for the direct effectiveness of a directive because it
failed to be implemented by nationallegislation within the prescribed period is
the EIA Amendment Directive22 .
3. EC directives on environmental protection and their

incorporation into German law
3.1 Introduction
The current discussion on EC directives and their implementation at national
level revolves mainly around the so-called Water Framework Directive (WFD)23,
its implementation by means of an amendment to the Water Management Act
(WHG) and the Lnder water laws, as well as the "Artikelgesetz" of 27.07.2001
(which already entered into force on 03.08.2001)24 implementing the EIA
Amendment Directive, the Integrated Pollution Avoidance (IPA) Directive and
other EC directives on environmental protection. As regards waste law, there is
much controversy at present surrounding the EC Directive on Disused Vehicles 25
and its implementation through the Disused Vehicles Act with the simultaneous
amendment of the Disused Vehicles Ordinance.
3.2 Water law

The passing of the EC Water Framework Directive (WFD)26 was intended to put
an end to the mixed patchwork of individual rulings, often inconsistent or even
contradictory, of which European water protection law was previously com-
posed27 . Its entry into force on 22.12.2000 in accordance with its Art. 25 drew the
final normative line under a five-year discussion on the future of Community
water protection policy, with Breuer again figuring prominently28.
22 Couneil Directive 97/L/EC of 03.03.1997 amending Directive 85/337/EEC on the obli-

gation to conduct an Environmental Impact Assessment of certain public and private
projects.
23 Directive 2000/60/EC of the European Parliament and the Council on the creation of a
regulatory framework for measures of the Community in the area of water policy of
23.10.2000, OJ L 327.
24 For the sake of clarlty, the term "Artikelgesetz" is henceforth used for this statutory order.
Cf. Fed. Law Gazette I, p. 1950.
25 Directive 2000/53/EC ofthe European Parliament and the Council on disused motor vehi-
cles of 18.09.2000, OJ L 269/34.
26 See note 23 above.
27 See Breuer in: Erbguth (ed.), Europisierung des nationalen Umweltrechts: Stand und
Perspektiven, 2001, p. 87 ff., 87 for an overview of this "patchwork"; for details on the
WFD see also Fabender, NVwZ 2001, 241 ff.; Caspar, DV 2001, 529 ff.; Knopp, ZUR
612001,368 ff.; Ruchay, ZUR Sonderheft/2oo1, 115 ff. and refs.
28 Febender, NVwZ 2001,241 with refs.; fordetails on the backgoundhistory ofthe WFD
see e.g. Breuer, loc. eit., p. 87 ff. with refs.
8 Lothar Knopp
Within three years of the Directive entering into force, Le. by 22.12.2003, the
Member States have to adopt the legal and administrative provisions necessary to
implement it (cf. Art. 24 WFD). In view ofthis rather tight deadline for the man-
ageable but still daunting task of adapting German water 1aw and also the other
time-limits set from the date of entry into force of the WFD (see below), it is not
surprising that the Federal Republic has embarked on a serious overhau1 of the
Water Management Act (WHG)29.
The principal specifications of the EC WFD can be summarized as follows:
The WFD applies to all inland surface water bodies, al1 flowing waterways and
coastal waters as well as groundwater. The objective ofthe Directive is to protect
all aquatic ecosystems including the terrestrial ecosystems to which they are
linked. Within 15 years at the latest after its entry into force, all surface waters
shall have been restored to good ecological and chemical condition. Within the
same period, the groundwater in all river basins shall have attained good condi-
tion in respect of water quantity and chemical quality. What exactly is meant by
these specifications is explained in Appendix V WFD. The Directive allows in
principle for 6 or 12-year extensions to the time-limit if the conditions stipulated
in the Directive for the necessity of such an extension are fulfilled and the reasons
explained in the Water Management Plan30.
In order tameet these objectives, river basin units have to be set up which would
be independent of political and administrative borders. In other words, every
Member State first has to allocate all water bodies to particular river basin units
- international, if necessary - and then appoint, within three years of the Direc-
tive entering into force, "an appropriate competent authority" to make sure the
Directive is applied within each river basin unit or, as the case may be, within that
portion of an international river basin unit which falls within its sovereign terri-
tory (Art. 3 WFD). Within aperiod of four years after the entry into force of the
Directive, Le. by 2004, every Member State has to undertake to carry out, accord-
ing to the technical specifications of Appendices 11 and III, an analysis of the
properties and an assessment of the impacts of human activities on the condition
of the surface water bodies and of the groundwater, and also an economic analy-
29 DraftlawoftheFed. Govnt. fora 7th lawtoamend the WHGof07.09.2oo1, BR-Drs. 704/

01; Opinion ofthe Fed. Council of 19.10.2001, BR-Drs 704/01 (Decision) and 27 modi-
tication suggestions, mostly in the interest of greater clarity and precision. In its counter-
statement, the Fed. Govnt. agreed to 18 of the modification suggestions while the remain-
ing 9 were rejected on constitutional or technical grounds; on the draft law of the Fed.
Govnt. of07.12.2001, the opinion ofthe Fed. Council and the counter-statement see BT-
Drs. 14n755; the first reading of the draft law in the Bundestag took place without dis-
cussion on 13.12.2001 - plenary protocol 14/208, p. 20563 B-D, with decision, p. 20563
D - referral to the Bundestag Committees for the Environment, Nature Conservation and
Nuclear Safety / Trade and Technology / Consumer Protection, Food and Agriculture, /
Transport, Building and Housing for further consultations.
30 Cf. e.g. Ruchay, ZUR Sonderheftl200l, 117.
Imp1ementing EC law at national level 9
sis of water use in respect of every river basin unit and of every portion of an
international river basin unit which may fall within its sovereign territory. By the
year 2006, the Member States are obliged to have established and ready for
implementation programmes for monitoring the condition of the water bodies,
thus providing the basis for a coherent and comprehensive general overview of
the condition of the waters (Art. 8 WFD). By the year 2009, finally, programmes
of action and so-called management plans for achieving the objectives stated in
Art. 4 WFD are to be set up; in the case of the management plans, Art. 14 WFD
provides for public participation. On completion, the management plans are to be
published and made available both to the Commission and to all affected Member
States 31 .
As this review of the specifications in the WFD shows, the main emphasis willlie
on an administrative implementation through the Member States, especially by
the setting up of the monitoring programmes, the programmes of action, and the
management plans 32 . The Federal Government's draft of a 7 th law to amend the
WHG, currently in the process of legislation33 , limits itself to determining the
framework regulations at Federallevel which are both necessary for implement-
ing the WFD and legitimate in accordance with Art. 75 GG Otherwise, of course,
it will remain the duty of the Lnder to pad out the Federal framework regulations
with relevant concrete detail, so that the Lnder will still have a sizeable amount
of regulating to do (by means of amendments to their respective water laws), but
with considerable scope for creativity34.
At any rate, the WFD specifications should be incorporated not only "to the letter
and in full" into German water law but also, and most importantly, on time, in
order to avoid tedious and costly proceedings before the ECJ 35. Admittedly, how-
ever, such proceedings have become a matter of routine for the Federal Repub-
lic 36 .
3.3 Immission controllaw

The act on the implementation of the EIA Amendment Directive, the IPA Direc-
tive and further EC directives concerning environmental protection of
27.07.2001 (the so-called "Artikelgesetz,,)37 marks the formal end - at least for
the time being - of a highly controversial debate on integrated environmental
protection in German industrial plant law and on the overdue incorporation of the
31 Art. 13 para. 6, Art. 15 para. 1 WFD; cf. Fabender, NVwZ 2001,242.

32 Cf. detailed aeeount in Fassbender, loc. eit., 242, 244 ff.
34 Cf. e.g. Knopp, ZUR 6/2001, 369, also Ruehay, ZUR Sonderheft/2001, 115; Reinhardt,
ZUR Sonderheft/200l, 124 ff.; Caspar, DV 2001, 535 ff. (on the implementation mech-
anisms).
35 Ruehay, loe. eit., 117.
10 Lothar Knopp
EIA Amendment Directive 38 and the IPA Directive39 in national environmental

law 40 .
The "Artikelgesetz" contains a large number of changes for German environmen-
tallaws, ranging from the Fed. Immission Control Act (BimSchG), the Environ-
mental Impact Assessment Act (UVPG), the Water Management Act (WHG), the
Waste Management and Disposal Act (KrW-/AbfG), the Building Code (BauGB)
to environmental information law (see Articles 2 to 22).
The central focus of the provisions of the "Artikelgesetz" is to regulate the inte-
grated licensing of proposed projects pursuant to the BimSchG in accordance
with the specifications of the EC IPA Directive. The IPA Directive regulates
measures and licensing procedures for the avoidance and reduction of emissions
from industrial plants as part of an integrated concept encompassing all the envi-
ronmental media, with the ultimate aim of attaining a high level of protection for
the environment as a whole. The integrated orientation of the BImSchG as
amended by the "Artikelgesetz" is achieved basically by incorporating three ele-
ments, namely41
by extending the relevant pathways of pollution beyond the immission path-
way which was predominant to date,
by "enriching" all the bases of authorization for subordinate statutory stand-
ardizations by an "integration clause", and
by obliging the licensing authority to provide for a complete coordination of
parallel licensing procedures, aIthough here the legislator did not extend the
range of the impact of the concentration as determined by Art. 13 BImSchG.
These legislative measures are backed up by appropriate additions to the cata-
logue of basic obligations contained in Art. 5 BImSchG, which is of paramount
importance for licensing procedures under immission controllaw. Now, the inte-
gration clause leads the catalogue of obligations in the form of the specified high
level of protection for the environment as a whole. In addition, the protection and
precaution requirements are expanded, partly implicity and partly explicitly, to
apply to aIl other pathways of pollution as weIl as the immission pathway.
FinaIly, the catalogue ofbasic obligations is extended to facilitate a truly compre-
hensive consideration of aIl detrimental impacts of a proposed project.

39 Couneil Direetive 96/21lEC of 24.09.1996 on the integrated avoidanee and reduetion of
environmental pollution.
40 For a detailed examination of the "Artikelgesetz" cf. e.g. Koch and Siebel-Huffmann,
NVwZ 2001, 1081 ff. with refs.; for details on the Europeanization of immission control
law see Jarass, in: Erbguth (ed.), Europisierung des nationalen Umweltrechts: Stand und
Perspektiven, 2001, 57 ff. with refs.
41 Cf. for more detail KoehlSiebel-Huffmann, loe. eit., 1083; for eriticism see Bohl, UVP-
report 112001, 33 ff.
Another purpose of the "Artikelgesetz" is to modify the UVPG, made necessary

by the inadequate incorporation of the EC EIA Amendment Directive in German
law and the resulting decisions by the ECJ, especially in the court case brought
against Germany for violation of contract on account of said implementation
deficiencies42 .
Basically, however, the EIA retains its character as a subordinate component of
the administration procedure for projects for which an EIA is prescribed. The
innovations in the concept affect the following aspects43 :
a considerable extension of the projects for which an EIA is prescribed (exten-
sion of the respective Appendices 1 and 11 of the EIA Amendment Directive)
and a more precise definition of the conditions under which projects of the
types listed in Appendix I of the EIA Amendment Directive are to be subjected
to anEIA;
the preliminary assessment in individual cases, the so-called screening, the cri-
teria for which are to be specified by statutory order44 ; here the authority is
expected to provide, on the basis of a rough examination according to the cri-
teria contained in Appendix 11 UVPG and other means, an estimation whether
the project can have considerable negative impacts. The extent to which nega-
tive impacts on the environment are (obviously) exeluded by intended meas-
ures to avoid or reduce them should be taken into account;
so-called cumulative projects 45 , i.e. an obligation to conduct an EIA also exists
if several projects of the same type, which are to be carried out simultaneously
by the same or several developers and are elosely connected to one another,
together reach the specified size or capacity limits, whereby alternative criteria
are given for determining said elose connection;
further developments in EIA procedurallaw46 ; here the regulations concerning
the transboundary participation of authorities and the public have been
changed and extended quite considerably;
new EIA ancillary procedures47 ; these apply in respect of aseries of pipeline
installations for which no adequate state approval procedure was available to
date.
Even though the German "Artikelgesetz" lacks precision and systematic elarity
in some of its provisions, considering the pressure exercised by Community law
42 KochlSiebel-Huffmann, NVwZ 2001, 1085 ff. with refs.; on EIA in the case of develop-
ment plans see e.g. Gaentzsch, UPR 2001,287 ff.; KrautzbergerlStemmler, UPR 2001,
241 ff. with refs.
43 KochlSiebel-Huffmann, loc. cit., 1085 ff.
44 Cf. Art. 3 c UVPG
45 Cf. Art. 3 b para. 2 UVPG; for criticism see EnderslKrings, DVBl. 2001, 1246 ff.
46 Cf. Articles 3 a, c, 8, 9 a, 9 b UVPG
47 Cf. Articles 20 ff. UVPG
12 Lothar Knopp
it is still a respectable achievement. It only remains to hope that it will prove its
worth as regards its objectives in actual administrative practice.
3.4 Waste law

Germany, at first the trail-blazer in waste law, now acts as the brake. At least this
is the impression one gets simply by looking at the fIrst verdicts issued by the ECJ
against the Federal Republic in 1995 because the definition ofwaste in the AbfG
1986 did not conform to Community specifications, among other reasons, and
later because of its failure under European law48 to incorporate, within the pre-
scribed period, norms for the obligation to draw up waste management plans in
the KrW-/AbfG49
Similarly in the area of waste oillaw, it was only due to a conviction by the ECJ
in 199950 for inadequate implementation of the EC Waste Oil Directive51 that
German attempts to amend nationallaw received a fresh boost52 .
On the other hand, the Federal Republic has managed (more or less punctually) to
incorporate the EC Landfill Directive53 into nationallaw through the "Artikelge-
setz..54, by means of which several modifications were made to the KrW-1AbG55 .
The EC directive in question established uniform criteria throughout Europe for
waste disposal facilities, e.g. for their authorization, operation, post-closure
maintenance, site requirements etc. 56 Consequently, uniform landfill standards
now apply Europe-wide for the first time - a fact which is considered a mark of
progress in environmental policy, although the EC material environmental stand-
ards actually fall behind the requirements of the German Technical Instructions
for Special Wastes and Domestic Wastes, and of the Disposal Regulation57 It
should be pointed out, however, that the Directive applies the integration
approach in determining the material requirements 58 .
48 Directive 91/156/EEC of 18.03.1991, OJ L 78, p. 32.

49 Versteyl (note 2 above), p. 138 with refs.
50 Verdict of 09.09.1999, EuZW 1999,689 = NVwZ 1999, 1214.
51 Directive 75/439IEEC on the disposal ofused oil of 16.06.1975, OJ L 194, p. 23 in the ver-
sion of Directive 87/101lEEC of 22.12.1986, OJ L 42, p. 43, most recently amended
through Directive 91/692/EEC of23.12.1991, OJ L 377,31.12.1991, p. 48.
52 Cf. for details Versteyl, loc. cit., p. 140 ff. with refs.; the Fed. Council passed the regula-
tion for amending the waste law mIes for the disposal of waste oil on 20.12.2001.
53 Directive 99/31IEC of26.04.1999 on waste landfills, OJ L 182, p. 1.
54 See above.
55 Cf. e.g. Articles 12 para. 3, 36 c, d KrW-IAbfG ; see here KochlSiebel-Huffmann, NVwZ
2001, 1087 f. with refs.
56 The Directive in fact distinguishes between 4 different types of landfills: landfills for haz-
ardous wastes, non-hazardous wastes, inert wastes, and underground landfills.
57 TA Sonderabfall, TA Siedlungsabfall, AblagerungsVO resp.; Cf. KochlSiebel-Huffmann,
loc. cit., 1087, note 55 with ref. to Schnurer, Neues zum Deponierecht... .
58 See its implementation in Articles 12 para. 3, 36 c para. 1 KrW-IAbfG
A topical example of punctual incorporation in German law appears to be the the

not undisputed so-called EC Disused Vehicle Directive59, currently undergoing
the process of legislation at national level as the Act on the Disposal of Disused
Vehicles60, which simultaneously amends the Disused Vehicles Ordinance61 .
The EC Directive mainly regulates the taking back of disused vehicles. It entered
into force on 21.10.2000, whereby the provision concerning the actual taking
back in Art. 5 para. 4 of the Directive applies from 01.07.2002 for vehicles
brought into circulation from that date, and from 01.01.2007 for vehicles brought
into circulation before 01.07.2002.
In consequence, the Federal German legislator has opted here for an interpreta-
tion of Community law which raises questions of constitutional compatibility
when the legitimacy of retroactive effect and the concept of protecting trust in the
law are considered. This is evident from the provision whereby disused vehicles
are basically to be taken back at the expense of the manufacturer, with the last
registered user or owner being exempted from any costs involved. Needless to
say, proceedings before the national courts and ultimately before the ECJ are to
be expected62 .
4. Summary and outlook

The degree to which Community environmentallaw is enforceable depends on a
number of factors, some arising from Community law itself and others specifi-
cally environmental in nature. The dominating role played by EC-Ievel specifi-
cations, particularly in environmental law, cannot be overlooked. Conflicts
between EC directives and nationaliaware of regular occurrence, ultimately as a
result of more fundamental structural weaknesses in the development of Euro-
pean law 63 . Proceedings before the ECJ, therefore, particularly regarding the
delayed and/or inadequate implementation of EC directives through the Federal
German Government, can practically be anticipated. As a consequence of the
divergences now evident between German and European environmentallaw, it
has become all the more imperative to reconsider the situation on both the
national and the supranationallevel64 . On the European level, more account will

60 AltfahrzeugG, Fed. Ministry for the Env. draft law of 07.08.2001, WA 113.30114-6/4 and
the Deeision ofthe Fed. Govnt. on the draft law of 23.12.2001, BR-Drs. 1075/0l.
61 Ordinanee on the decommissioning and environmentally eompatible disposal of disused
vehicles of 04.07.1997, promulgated as Art. 1 of the Ord. on the disposal of disused vehi-
cles and the modifieation of road traffie law regulations of 04.07.1997, Fed. Law Gazette
I, p. 1666.
62 For a diseussion of the Disused Vehicles Directive and its ineorporation in nationallaw
and relevant constitutional questions cf. e.g. Berg/Nachtsheim, DVBI. 2001, 1103 ff. with
refs.
63 Cf. here Breuer (note 27 above), p. 98 ff.
64 See espeeially Breuer, loc. cit., p. 100.
14 Lothar Knopp
have to be taken of the inner cohesion and structural peculiarities of Member

States' legal systems; conversely, the Member States themselves and, above all,
the Federal Republic of Germany will have to adopt a more accommodating atti-
tude towards the by now irreversible process of integration when incorporating
Community law specifications into nationallaw.
Poland as an example for the harmonization
of European law - the environmental and
planning law requirements for the licensing
of intensive animal farms
Matthias Dombert
1. Introduction
The Federal Republic of Germany is Poland's largest trading partner. 35% of all
Polish exports are destined for its western neighbour, while imports from Ger-
many account for 24% of all imports to Poland and 39% of its imports from the
EU 1. Its forthcoming membership of the EU, the size of its market and, espe-
cially, its well-trained workforce are among the reasons why Poland has become
an increasingly attractive investment location for German commercial interests.
To the latter belong agricultural enterprises engaged in intensive animal farming,
and which find themselves seriously hampered in their efforts to expand further
within Germany. Here, political and administrative opposition to the establish-
ment of large-scale intensive animal farms is on the increase. Licensing proce-
dures prescribed by immission controllaw for such prospective farms prove to be
veritable obstacle races. It is little wonder, then, that more and more German pro-
ducers of eggs, poultry or pork are inquiring whether and to what extent other
European countries in close proximity to German Lnder such as Brandenburg
could offer more favourable investment conditions. This consideration is becom-
ing all the more urgent for German agricultural enterprises in view of the fact that
German producers still do not produce enough to satisfy the domestic demand for
eggs or poultry, for example. As far as these foodstuffs are concerned, Germany
remains the largest importer in Europe 2. Obviously, therefore, Poland is an attrac-
tive option, most particularly on account of the anticipated availability of highly
motivated and weIl trained employees - and not because of any expectation of
lower ecological standards or less stringent animal protection regulations. At the
same time, however, it is clear that the legal framework which has to be respected
by such enterprises in Poland will attract more attention as the interest in invest-
ment rises. In concrete terms, the investor will want to know what legal frame-
work conditions to expect regarding environmental and planning law which
apply to such intensive animal farms in Poland.
This contribution is intended to describe an attempt at legal harmonization. It
does not claim to state the final legal word on the matter. Poland's legallandscape
1 www.brh-koeln.comlaktuell.
2 Cf. for details Windhorst, Kann sich die deutsche Geflgelwirtschaft im internationalen
Wettbewerb behaupten?, Geflgelwirtschaftslho.doc.
16 Matthias Dombert
is in flux. It is the challenge of determining the exact legal basis of the issue
which makes this topic so difficult to deal with - but also so interesting.
2. The legal framework for the harmonization of Polish law

Poland has already travelled far on the road towards legal harmonization since
the Europe Agreement between Poland and the European Community entered
into force on 01.12.1994. The sufficiently long preparation period was certainly
ahelp (signing ofthe Agreement: 16.12.1991), as was the fact that the portion on
commerciallaw entered into force as early as 01.03.1992.
According to Art. 68 of the Europe Agreement, the harmonization of current and
future provisions of Polish law with Community law is an essential prerequisite
for the econornic integration of the country in the European Union. This means
Poland has to adopt some 300 directives and regulations. At the same time, the
European Comrnission is under obligation to produce a strategy paper and a
research report every year, both of which are to be presented to the European Par-
liament for scrutiny 3. In respect of the harmonization of environmentallaw, in the
year 2000 the environment committee presented initiative reports based on the
general report of the Commission which in turn were passed by the European Par-
liament on 04.12.2000. These reports state that the environmental standards are
also to be implemented in Poland, at the latest by the date of its accession in 2004.
However, even now it is apparent that the costly investments required will result
in delays, often considerable. This applies, among others, to the environmental
impact assessment already enshrined in the new Environmental Protection Act
passed on 27.04.2001 and to the animal protection provisions4 . Transitional peri-
ods are to be granted in the case of directives which prove particularly costly to
implement. Poland is reckoned by the European Commission to have attained a
high degree of correspondence with the legal status quo of the EC, far more than
the other accession states. Implementation programmes for provisions relating to
air, waste, water and immissions have already been worked out. Naturally it is
acknowledged that the administrative capacity of the country is inadequate for
the implementation of the environmental directives and that structures have to be
reinforced. As far as European law is concerned, there is general agreement that
environmental provisions have to be made even better known and that any
instances of uncertainty among public authorities regarding the assignment of
responsibilities should be investigated5.
The pressure to adapt, which was exerted by EC law, is clearly evident in the legal
provisions for the licensing of intensive animal farms in Poland. These provisions
3 Cf. in detail RothIBehrend, Die Fortschrittsberichte der Europischen Kommission -

Bleibt die Umwelt auf der Strecke?, lecture held on 06.12.2001, European Academy, Ber-
lin, p. 2 f.
4 Cf. RothIBehrend, loc. eit.
5 Cf. RothIBehrend, loc. eit.
A Polish example for the hannonization of national and EC law 17
have been amended recently, in 2001 to be precise. Seven are of significance for
applicants as regards licensing procedures:
Building Act of 7 July 1994, Law Gazette 2000 No. 106 Fs. 1126 with later
amendments;
Regional Planning Act of7 July 1994, Law Gazette 1999 No. 15 Fs. 139 with
later amendments;
Environmental Protection Act of 27 April 2001, Law Gazette 2001 No. 62
Fs. 627 with later amendments;
Water Act of 18 July 2001, Law Gazette 2001 No. 115 Fs. 1229 with later
amendments;
Waste Act of 27 April 2001, Law Gazette 2001 No. 62 Fs. 628 with later
amendments;
Animal Protection Act of 21 August 1997, Law Gazette 1997 No. 111 Fs. 724
with later amendments;
Animal Breeding and Reproduction Act of 20 August 1997, Law Gazette 1997
No. 123 Fs. 774 with later amendments.
Of particular importance is the Environmental Protection Act. Transposed to the

German legal structure, it would qualify as a framework statute6. It includes pro-
visions determining the obligations of individuals and legal entities in respect of
the protection of the environment with the aim of reducing the environmental
impact of their activities to a minimum. Special provisions regulate obligations in
respect of investment developments. Art. 46 empowers regional authorities to
require investors to carry out environmental impact assessments of investment
and construction projects. On this level, the voivodships as the competent
regional administration units may launch programmes to protect air quality and
reduce pollution generally, and mayaiso require appropriate measurements to be
taken in order to implement the standards laid down by the Act.
In Polish law, there used not to be a legal instrument for grouping procedures in
the manner of the concentrated evaluation ("Konzentrationswertung") provided
for in German law. This is no longer the case. Art. 181 para. 1 no. 1 introduces the
"integrated permit", thus coming close to the provision for grouping procedures
contained in Art. 13 of the Federal Immission Control Act (BImSchGl In addi-
tion, the new Environmental Protection Act authorizes the Minister for the Envi-
ronment to determine technical standards. In connection with the licensing of
intensive animal farms, for instance, the Minister is entitled to issue a standard
regulation for determining the nuisance value of smells. From the practical point
of view, this competence of the Minister is a welcome step: even if the absence of
standards may seem attractive to applicants for licences at first sight, this circum-
6 Cf. in detail BundesumweltministeriumlUmweltbundesamt, ETUT e.Y., Umweltrecht in

ausgewhlten Ziellndern: Republik Polen, 1997.
7 Cf. in detail Jarras, Bundes-Immissionsschutzgesetz, 4th edition, 1999, Art. 13, margin
note 3 ff.
18 Matthias Dombert
stance can also make it much more difficult to predict the outcome of application
procedures 8.
3. Procedurallaw in Poland
The fundamental reform of public administration in Poland became law on
01.01.1999. Foreign investors now find a three-tiered state administration struc-
ture, comprising communities, counties and voivodships. The communities and
counties represent the local level, the respective voivodship the regional level.
Sixteen voivodships were established by the Act of 24.07.1998. One of the prin-
eipal objectives of the administration at voivodship level is to promote regional
development and to perform public functions of regional significance and
impact. Here, to borrow German terminology, a distinction is drawn between
functions of self-government and delegated functions, the latter comprising those
functions which serve to meet concrete legally binding objectives at regional
level9.
Included among the functions delegated to the voivodship level are duties such as
that to implement measures to protect the environment.
The procedural basis is the Code of Administrative Procedures of 1960 in the ver-
sion of 1996. The procedural principles are comparable to those of German law.
Administrative procedure follows the investigation method of inquiry, and pre-
scribes a hearing before an administrative ruling is pronounced (Code of Admin-
istrative Procedures Art. 9, 10). This obligation to hear the parties echoes the pro-
vision contained in Art. 28 of the German Administrative Procedures Act
(VwVfG)lO. An administrative ruling appears to be the farniliar form for public
authority decisions; there are no regulations for contracts under public law ll , yet
it is possible for an authority to act as party to contracts under civil law. Other
forms of procedure are the administration agreement, which is concluded by two
parties before an administrative organ, and the agreement between communities,
counties or voivodships.
Regarding administrative court procedure, the provisions of the general Act on
the Main Administrative Court of 11.05.1995 apply. This Act provides for only a
single court, but with branches in ten eities. Although the Act does not contain
clear definitions of different types of legal action, a distinction can be drawn
between actions of contest and actions for assumption of obligations. The inves-
8 Cf. the Geruchsimmissions-Richtlinie /GIRL) 1999; for detail also Kuratorium fr Tech-
nik und Bauen in der Landwirtschaft (KTBL), Arbeitspapier 265, p. 42; also Peschau,
Geruchsfreisetzungen und Geruchsbewertungen im Bereich der Landwirtschaft aus
immissionsschutzrechtlicher Sicht, UPR 1998, p. 248 ff.
9 Cf. Durka, Reform der ffentlichen Verwaltung in Polen, Deutsch-Polnisches Informa-
tionsbulletin ''Transodra''; http:www.Uni-kiel.de/eastlaw/ss20/oste6.htm.
10 Cf. Trunk, in: http:www.euroregion-neie.de/info 31131reform.html.
11 Cf. Trunk, loc. eit.
A Polish example for the harmonization of national and EC law 19
tor should note that the right to take legal action is acknowledged in every case of
"legal interest", and that actions may likewise be brought by "social organiza-
tions in the area of their statutory interests" (Art. 33), much like legal actions
instituted by associations in Germany. On the other hand, actions of contest have
no suspensive effect (Art. 40 no. 1). There is no general provision for legal pro-
tection in the interim similar to Art. 123 of the German Administrative Courts
Code (VwGO)12.
4. Practical difficulties in applying the law in Poland

It is one thing to describe the legal situation in Poland, but quite another to deter-
mine what exactly the law says - this is where the impact of the language barrier
on mutual relations becomes patently obvious. German translations, most partic-
ularly of the current amendments of Polish laws, are more or less non-existent.
This is also the reason why it is difficult to deal directly with Polish organizations
and institutions, at least as long as local contacts are Polish-speaking only. In
view of the absence of literature in German on the subject, it is advisable not to
rely on one's legal expertise alone when investigating the decisive legal princi-
pIes but to gain the cooperation of a Polish, i.e. Polish-speaking lawyer or, failing
that, to get the relevant passages translated at one's own expense. Most helpful in
any case are those institutions who feel committed towards promoting German-
Polish legal relations. They are more than willing to name the relevant legal pro-
visions or to supply names and addresses of competent specialists 13 .
12 Cf. Brunner, ed. Verfassungs- und Verwaltungsgesetze der Staaten Osteuropas, loose-1eaf
collection October 1998; also Diemer-Benedikt, Das polnische Gesetz ber das Hauptver-
waltungsgericht vom 11.05.1995, Osteuropa Recht 1996, p. 160 ff.
13 E.g. the German-Polish Chamber ofIndustry and Commerce, P.O. Box 439, 00950 War-
saw.
The harmonization of Polish environmental
protection law with European Union law
Jan Bot / Konrad Nowacki
1. Provisions of the Polish Constitution relating to

environmental protection
A fundamental principle of a democratic state of law is the primacy of its consti-
tution. The primacy of the constitution entails the prohibition against adopting
laws incompatible with the constitution and the obligation to pass laws conform-
ing with it. The obligation to pass laws conforming with the constitution means
that laws must be shaped, in terms of their form and substance, in a way that
implements the constitutional standards and not only observes them. The obliga-
tion to pass laws conforming with the constitution applies not only to ordinary
legislation but also to all forms oflaw-making by entities other than the legislator.
The obligation applies in particular to making domestic laws (Art. 93 of the
Polish Constitution) as weH as laws made by all public law associations. The
obligation to pass laws conforming with the constitution means that not only the
form and substance of laws made but also their scope are determined by the con-
stitution. The legislator and other law-making entities must only accurately
define law within the limits fixed by the constitution. If the legislator has trans-
gressed the constitutionally set limits of law making, it may be said to have
breached the provisions of the constitution, and thus the law so made does not
conform with the constitution. Apart from the above roles, which apply also to
environmental protection legislation, the Polish Constitution includes the princi-
pIe of its direct application, which may be of fundamental importance to environ-
mental protection. The principle, specified in its Art. 8.2, provides in particular
for the ability to implement the provisions of the Constitution without developing
them in a parliamentary act. The Constitution is a directly applicable law.
What foHows is a list of the constitutional provisions regarding environmental
protection.
Art. 5. The Republic of Poland shall safeguard the independence and integ-
rity ofits territory, ensure the freedoms and rights ofpersons and citizens as
weil as the security of the citizens, safeguard the national heritage and
ensure the protection of the natural environment pursuant to the principles
of sustainable development.
The first regulation with regard to environmental protection is placed right at the
beginning of the Constitution, as early as Art. 5, i.e. in the section setting out the
fundamental values of the Republic of Poland. However, it must be emphasized
that the content of the principle of sustainable development must be specified in
22 lan Boc I Konrad Nowacki
sufficient detail to enable the direct application of the Constitution. Because the
notion seems to be very flexible at present and more and more statutory regula-
tions regarding the issue are adopted, this task will be exceedingly difficult. And
yet the constitutional provisions have content-related significance also for the
remaining legislation.
Art. 31.3. Any limitation upon the exercise of eonstitutional freedoms and
rights may be imposed only by statute, and only when neeessary in a demo-
eratie state for the protection of its seeurity or publie order, or to protect the
natural environment, health or publie morals, or the freedoms and rights of
other persons. Sueh limitations shall not violate the essenee of freedoms and
rights.
The notion of the inviolability of rights and freedoms may be understood in var-
ious ways. In particular it may be identified with the existence of an invariable,
absolute content of each fundamental civil right, and at the same time the notion
may be regarded as relative and interpreted depending on a given situation and all
the circumstances. In attempting to formulate a general principle, one must
assume that a breach of the essence of civil rights and freedoms occurs where a
statutory regulation renders the exercise of such rights and freedoms impossible
in practice. The nature of the guarantees given to an individual with a view to pro-
tecting them against a public authority may not be determined (apart from the
content) separately from the current legal order. When setting the limits of
freedoms, the legislator may determine them comprehensively and in detail in a
statute, write B. Banaszak and M. Jaboski.
The provision formulates the principle according to which no-one, irrespective of
whether it is a public authority or other person, may limit a man's freedom. The
notion of legal protection entails the existence of appropriate legal provisions
which bind equally every subject of public law relations. Section 2 of the Article
quoted above indicates distinctly the basic role of the law, which specifies actions
which restrict or deprive a person of their rights. It is, however, permissible to
force a given person to behave suitably (even if in that person's opinion that
would constitute a limitation of their rights), if the legal regulations in force,
which must have the form of a parliamentary act, allow or require it. Thus in this
case an independent action by the executive is not possible. The reasons for lim-
iting rights and freedoms laid down in the Constitution may be said to have been
selected correctly. The fact that they include health and environmental protection
indicates the legislator's conviction that the non-controversial public interest
must be safeguarded.
Art. 68.4. Publie authorities shall eombat epidemie illnesses and prevent the
negative health eonsequenees of adegradation of the environment.
The team led by J. Sommer, which was working on the draft environmental pro-
tection act in Wrocaw in 1997, accepted the following interpretation of the prin-
ciples of prevention aimed to avoid the negative impact of environmental degra-
dation.
The harmonization of Polish environmental proteetion law with European Union law 23
Public authorities should not only undertake damage-preventing activities but

also ensure that available protective measures are applied where the harmfulness
of specified activities to the environment has not been proved but is probable.
The undertaking of business operations which may affect the environment,
inc1uding operations whose future consequences for the environment have not
been entirely ascertained, requires an earlier application of a11 practically availa-
ble, state-of-the-art measures designed to determine and eliminate, or limit as
much as possible, the negative impact on the environment of such business oper-
ations.
Each party undertaking economic activity which may have an adverse impact on
the environment is obliged to prevent such impact or, if this is impossible or
unjustified, to limit its scope.
Art. 74. 1. Public authorities shaU pursue policies ensuring the ecological
security of current and future generations.
2. Protection of the environment shall be the duty of public authorities.
3. Everyone shaU have the right to be informed of the quality of the environ-
ment and its protection.
4. Public authorities shall support the activities of citizens to protect and
improve the quality of the environment.
Ecodevelopment is the only way ensuring a sustainable and harmless satisfaction
ofthe society's and state's needs and aspirations. Consequently, it must be imple-
mented by all public sectors with a full, conscious and active participation of the
entire society, without regard to the interests of individual subjects. Thus the
interest protected has the nature of a public interest not only for contemporaries
but also for future generations.
The ensuring of ecological security for present and future generations is another
designation of what Art. 5 calls the sustainable development principle. Whereas
Art. 5 defines the mIes of conduct, Art. 74.1 gives its aim, which extends possible
actions by all activities which are legal and result in achieving the aim of security.
Art. 74.1 emphasizes a more recent area of activities conducted within politics
and not only activities constituting and implementing legal standards.
Politics is a system of extra-legal and postulative statements in respect of where,
when and how one may use the material and organizational abilities of the state
and local self-governments, which is approved by public and local authorities.
The determination that environmental protection is a duty of public authorities
means that the authorities may not free themselves from this obligation. The pub-
lic authorities referred to in Art. 74 are all authorities mentioned in the Constitu-
tion: the legislative, the executive and the judiciary.
Art. 86. Everyone shall care for the quality of the environment and shall be
held responsible for causing its degradation. The principles of such respon-
sibility shall be specitied by statute.
24 Jan Boc I Konrad Nowacki
Because of the content of Art. 86, the position where it is situated within the Con-
stitution indicates that the regulation applies not only to each citizen but also to
each subject of law which undertakes environmentally harmful activities. It is
rather dear that any deterioration caused only by citizens would be, apart from
very special cases, relatively insignificant. It is the operations of economic enti-
ties that result in main and substantial environmental degradation and deteriora-
tion. The provision in question encompasses not only the obligation to refrain
from activities which might damage the environment but also the duty to coun-
teract or prevent all detrimental environmental impact and to undertake actions
aimed to restore the quality of the damaged environment.
The duty of care and responsibility for environmental deterioration applies to all
persons and entities subject to the jurisdiction of the state, i.e. Poles and foreign-
ers, Polish economic entities, mixed and foreign economic entities and other
organizational units governed by Polish law, public authorities and bodies of pub-
lic, both state and local, administration. The duty to redress the damage, which
results from the obligation to take care of the environment and the responsibility
for its deterioration, is absolute, i.e. no-one may free oneself from it. The obliga-
tion may be discharged by undertaking activities aimed to res tore the original
state or by paying out compensation. The risk of weakening or failing to fulfil the
obligation of care that results in environmental deterioration and constitutes a
responsibility prerequisite indicates the need to regulate Art. 86 also in the con-
text of preventative protection.
A subject causing an environmental deterioration is held responsible even if it
obtained a permit for the deterioration in the form of a single administrative deci-
sion or as a result of aseries of legal acts. For instance, a builder of a motorway
must pay compensation for decreasing the value of a residential house or a farm
as a result of the environmental deterioration caused by the construction of the
motorway.
The responsibility formulated in Art. 86 is independent of the guilt.
An issue which has not been regulated is whether the provision allows Poland to
take any action with regard to its neighbour if its citizens or entities conducting
their economic activities within its territory deteriorate the environment in
Poland. It seems that of considerable importance in this respect will be the rele-
vant international treaties and Poland's new legal situation related to its future EU
membership.
The Constitution is binding directly:
1) before all bodies of all competent public authorities, the legislative, the exec-
utive and the judiciary with regard to the application of private law, where the
body is obliged to take account of the constitutional provisions and the party
may effectively invoke them;
2) before all bodies and employees of offices within the area of public law appli-
cation and implementation;
The harmonization of Polish environmental protection law with European Union law 25
3) before all bodies of ftrst and second instance, as well as other regulatory and
supervisory authorities.
Within private law-regulated relationships between private subjects no party may
effectively invoke the provisions of the Constitution. The legal consequences of
a direct application of the Constitution is the same as the legal consequences of a
direct application of a parliamentary act. A citizen may effectively invoke a con-
stitutional provision and a public authority body must take it into account.
2. Main problems connected with the approximation

of Polish law to European Union law
Towards the end of 2001 Poland completed its negotiations with the European
Union in the area of environmental protection. The harmonization of Polish envi-
ronmental protection law with EU law is nearly, and in many ftelds - fully, com-
plete. The delay prior to 2001 was caused by the fact that the Sejm [the lower
house of the Polish Parliament] had gaving priority to other matters and the
Council of Ministers was inadequately prepared and did not push sufficiently
hard for the issue to be dealt with. That resulted in an immense legislative back-
log and very little time to adopt appropriate regulations. It is worth bearing in
mind that the universally acc1aimed wisdom that what works well should not be
improved has in this case no praxeological application, mainly because the need
to accept the ideas, concepts, principles, basic legal forms of operation, deftni-
tions and even terminology of European legislation is now beyond argument.
In the years 2000 and 2001 Poland adopted some new parliamentary acts of par-
amount importance to environmental protection.
The main regulation is the Environmental Protection Law Act of 27 April 2001.
Its chief aspects approximating our law to that of the EU are the general princi-
pIes, the society's access to environmental information, environmental impact
analyses and assessments, protection against pollution, waste management,
major industrial accidents, ftnancial and legal measures relating to environmental
protection, environmental protection liability, voluntary participation in environ-
mental protection activities.
The work on the draft act, which was completed only in April 2001, was undoubt-
edly the most serious legislative project in recent times. The success ofthe under-
taking means that the time required to approximate Polish environmentallaw to
that of the EU is now considerably shorter. In its general principles the said Act
refers to the principles present in European law, in particular to the rule of pollu-
tion prevention and the polluting party's liability for the damage inflicted, and to
the sustainable development principle. It also encompasses, for instance, the
principles of foresight and of the integrated approach to environmental protec-
tion. In line with European legislation it introduces the notion ofthe best technol-
ogies available. It presents a new, serious attitude to the institution of ecological
26 Jan Boc / Konrad Nowacki
aims attainment plans and schemes. It favours a new approach consisting in dif-
ferentiating requirements with regard to the existing and new sources of pollu-
tion. The main instrument applied to regulate the use of the environment in
Poland is, as in European law, the ecological permit encompassing in particular:
the air pollution permit, the water law permit (for water intake, sewage discharge,
construction and operation of water facilities), the waste production permit, the
noise emission permit, the permit for generating electromagnetic fields which
permeate into the environment, the tree and shrub removal permit.
The Act introduces also the integrated ecological permit modelled on Directive
96/61 (IPPC).
The leitmotif of the Polish air protection regulations is the prevention of the gen-
eration, the limitation or elimination of air pollutants with a view to decreasing
their concentrations down to permissible levels or to maintaining their concentra-
tions at permissible levels. This conforms to the EU approach set out in Direc-
tives 96/62 and 96/61 (lPPC). The previous Polish regulations regarding air pro-
tection differed greatly from the respective European legislation. A significant
advance in the law harmonization process took place in 1997, when an amend-
ment to the 1980 act was adopted. However, fundamental changes were intro-
duced only in the Act of 17 April 2001, which contains provisions for the issu-
ance of, for instance, delegated legislation compliant with the EU standards
regarding the permissible and alert air concentrations of particular substances, a
zone air protection system, the standard meeting criteria and the time limits of
their validity. The delegated legislation in this respect reflect the solutions
adopted in the former EU directives.
With regard to chemicals the situation improved in 1997, when on 21 August the
Regulation on Chemical Substances Posing a Threat to Health or Life was issued.
The Regulation transposed the provisions of Directive 67/548 conceming the
classification and marking of chemical substances and the requirements to draw
up product characteristics cards for chemical substances. The legal basis for a full
approximation was created after the adoption of the Chemical Substances and
Preparations Act of 11 January 2001, which deals with all the main practicalities.
Because of the need for conformity with the 1992 UNECE Convention on the
Transboundary Effects of Industrial Accidents and with the basic requirements of
Directive 96/82/EC on the Control ofMajor-Accident Hazards (COMAH), some
necessary changes in Polish legislation with regard to extraordinary environmen-
tal hazards were planned. It must be admitted that the solutions accepted first in
the amendment to the 1980 Environmental Protection and Shaping Act were a far
cry from the full incorporation of the provisions of the Convention and the
COMAH Directive referred to above. The fuH harmonization took place in the
Environmental Protection Act, Title IV Major Accidents.
Biotechnologies (geneticaHy modified organisms, GMOs). Until the adoption of
the 1997 amendment to the Environmental Protection and Shaping Act Polish
The harmonization of Polish environmental proteetion law with European Union law 27
law had had no provisions similar to those of Directive 90/2201EEC on the Delib-
erate Release into the Environment of Genetically Modified Organisms. The
amendment came into force on 1 January 1999. This regulation was only a frag-
mentary implementation of the solutions provided for in the Directive referred to
above. The gap was filled in, at least partly, by the Regulation of 8 October 1999
of the Minister of Environmental Protection, Natural Resources and Forestry on
Genetically Modified Organisms (Dziennik Ustaw No. 86, Item 962). However,
the issue was fully dealt with only in the Genetically Modified Organisms Act of
22 June 2001.
The entire Nature Conservation Act, which has been substantially amended in
recent years, shows a high degree of approximation to EU law. This results from
the fact that in this respect both Polish and European law was inspired by the
same international treaties concerning nature conservation. In its fundamental
aspects the Polish Forests Act complies with European law, which in this field
has not produced many formal documents. The latest amendments supplement
the said Act with EU regulations, especially with regard to the protection of for-
ests against rITe.
The Polish Waste Act of 27 April 2001 is compatible with EU law in all its main
aspects, especially definitions, the aims of regulation, the application of the envi-
ronmental impact assessment procedure, the role of waste management plans, the
scope of administrative law permits and special waste handling procedures.
Water. A dozen or so very detailed, frequently mutually inconsistent European
directives, which had been drawn up in various periods, did not have much
impact on Polish legislation. The Polish Water Law Act of 1974 and its 1997
amendment constituted a more-or-less comprehensive regulation of the broadly
understood water management sphere with regard to the qualitative and quanti-
tative protection of surface and underground waters. The amendment of 25 April
1997 introduced into Polish environmental protection law the catchment-based
management system principle, which complies with the sustainable development
principle, and takes account of the natural continuity and connection of water
resources. The Act introduced the institution of the basin waters use conditions.
The conditions, as a planning device, will impose restrictions on using waters and
water facilities in a basin or its section and the directions of activities in the area
of water management investment projects. Polish regulations regarding water
pollution control were very distant from the relevant EU law solutions. No Euro-
pean legal act was fully reflected in Polish law. In particular, there were no regu-
lations regarding the surface and underground waters monitoring system and no
regulations obligating entities to construct sewerage systems or sewage treatment
plants (modelled on Directive 91/271 concerning Urban Waste Water Treatment).
Also the quality standards concerning sewage discharged to water or into soil
were considerably incompatible with the standards contained in Directive 76/
464IEEC on Pollution Caused by Certain Dangerous Substances Discharged into
the Aquatic Environment of the Community. Some Polish norms were even more
28 Jan Boc I Konrad Nowacki
severe, which however does not necessarily mean that they were indeed
observed. The Polish requirements as to the water and sewage analysis methods
also had to be brought into line with those used in the EU. The discrepancies were
largely removed by the Water Law Act of 19 July 2001, which however did not
take account of all the ecological aims of Directive 2000160lEC Establishing a
Framework for Community Action in the Field of Water Policy.
The Geological and Mining Law Act of 4 February 1994 conforms to EU envi-
ronmental protection legislation to the extent to which it complies with the gen-
eral environmental protection principles set out in the Treaty ofMaastricht, as the
EU has not produced, apart from one directive, any special acts in this respect.
With regard to nuelear safety, EU legislation may be brought down to five
aspects:
protection of employees' and general public's health against ionizing radia-
tion;
notification of the public of a potential danger of an accident and the health
protection measures available;
transport of radioactive substances;
radiological protection of persons undergoing medical exarninations or treat-
ment by means of ionizing radiation;
perrnissible concentrations of radioactive substances in foods and fodder
allowed to be traded in periods following a nuelear or radioactive disaster.
Until 2000 Polish legislation regarding nuelear safety and radiological protection
did not comply fully with the basic EU legislation in this respect. It was only the
new Atomic Law Act of 29 November 2000 which gave a uniform foundation for
radiological protection and created the necessary legal basis for delegated regu-
lation.
In October 2001 Poland completed its negotiations with the European Union
regarding environmental proteetion. The Union agreed to the following nine tran-
sitional periods in respect of the application of EU standards:
TransitionaI period in respect of EU standards

to be introduced by
1 Municipal sewage 2015
2 Discharge of dangerous substances to waters 2007
3 Packaging processing 2007
4 Solid wastes site 2012
5 Waste trade freedom 2007
6 Ionizing equipment at hospitals 2006
7 Su1phur concentration in fue1s 2006
8 Vo1atile compounds created in fuel distribution 2006
9 Environmentally friendly industrial technologies 2010
The organizational and legal instruments
available for harmonizing Polish environmental
law with EC environmentallaw
Jerzy Sommer
1. The concept of harmonization

The approximation of nationallaw to the EC law is one of the main obligation of
Memberstates. In spite of long practice of approximation there are many contro-
versies. These controversies are reflected in terminology. There are used also
such terms as implementation, harmonization, application. The core meaning of
the term (approximation) and others used in this context is an assurance that
EC law is effectively apply in the national law systems (C. Mike, Europejskie
prawo wsp6lnotowe. Zagadnienia teorii i praktyki. Tom I, C. H. Beck, Warszawa
2000, p. 663 ff.). But the effective implementation of EC law to nationallaw is
not the easy task from the point of theory of law as weIl as from the point of view
of practice. It is connected inter alia with the differentiation of the EC Law (the
primary law versus secondary law, which also is differentiated).
It is assumed that a precondition of membership is that candidate countries must
align their national laws, rules and procedures, inc1uding those relevant to the
environmental sector, with those of the European Union in order to give effect to
the entire body of EU law contained in the acquis communautaire. But the
requirement is in this situation much broader and more difficult to fulfil than as
applied to the Memberstates. The legal systems of the Memberstates are devel-
oping under influence of EC Law from near 60 years. So these systems have a
high degree of congruence. They were not obliged to implement the whole
Acquis but only the specific normative acts of EC. The Acquis was created by
them and EC authorities. Special important are the general rules of law created by
the Court of Justice and national judiciary as weIl as the jurisprudence. But nev-
ertheless the great number of normative acts of EC, especially of directives are
not implemented at time, or fully or effectively (M. Glim, European Environmen-
tal Legislation, What does it Really Mean? Eburon Delf, 1990, p. 57 ). Candidate
countries developed its legal systems in different political, economic and social
situation, therefore they task is much more complicated than the Memberstates.
This so called Approximation Process not only requires that all the relevant EU
requirements are fully transposed into national legislation (legal transposition)
but also that an appropriate institutional structure with a sufficient budget is pro-
vided in order to administer the nationallaws and regulations (effective imple-
mentation or practical application) and the necessary controls and penalties put in
place to ensure the law is fully complied with (enforcement). The candidate coun-
30 Jerzy Sommer
tries have the obligation to adopt the Acquits. Acquis communautaire is not
defined legally, only it is mentioned in the Treaty on European Union (Art. 2
and 3). The term, it is asserted, embraces not only the primary and secondary law
of EC but also the verdicts of the Court of Justice and the intemationallegal obli-
gation of EC (F. Emmert, M. Morawiecki, Prawo europejskie, Wydawnictwo
Naukowe PWN, Warszawa-Wrodaw 1999, p. 412). But taking into account the
official documents of EU e.g. Accession partnership, Copenhagen criteria, White
Book and Agenda 2000 - Commission Opinion on Poland's Application for
Membership of the European Union it may be asserted that the term is used still
in broader sense. It ought to comprise also the policies of the Union as weIl as
administrative capacity to put into effect the principle of democracy and market
economy and to apply and enforce the Acquis in practice.
In this sense the term denotes the whole legal output of EU. But to adopt Acquis
communautaire, in this meaning, it is almost impossible task in pre-accession
period. It will be a long process also after the accession.
The candidate countries are obliged to adopt the whole Acquis communautaire.
So, the process of approximation (or harmonization) embraces the transposition
of legal norms including the principle of law and policy comprised in Treaty e.g.
precautionary principle, implementation and enforcement of these norms taking
into account the judicial decisions of the Court of Justice, the implementation of
the policies of European Union as weH as building the proper administrative and
judicial structure. It must be remember that the obligations are in this respect
highly differentiated. According to the Treaties, the administrative and political
structure of Memberstates is their internal affair. Only certain requirements are
mentioned in the context of political structure. Art. 6 of the Treaty on EU pro-
claims that the Union is founded on the principle of liberty, democracy, respect
for human rights and fundamental freedom, and the rule oflaw. The Copenhagen
criteria have the similar contents. They are very general principles and it is pos-
sible to create many different political systems which will be adhered to them. In
reality, this situation exists in EU, where all countries are democratic ones, but
they are not identical. It may be said also that every country, no matters how dem-
ocratic, may be ever more democratic. The same is with the administrative struc-
ture. So, the obligation in this sphere can be treated only as the obligation to build
the efficient structure, and nothing more. It must be remembered that problem of
efficiency is very complicated and controversial one. The most controversial is
the notion of efficiency. Always it may be said, that the administrative structure
ought to be more effective. It is therefore very difficult to check objectively the
progress of candidate countries in this dimension. As to incorporation of the
Treaties the problem is a little easier, because the candidate countries are obli-
gated to eliminate all norms or legal institutions which are contrary to primary
law. If they did not make that, the legal institutions and norms contrary to Treaties
will be void after accession. But it must be added that there is sometimes not easy
to asset where certain norms impede that free movement of goods or capital. The
same is with regulation which are binding directly on the territory of Member-
Instruments for hannonizing Polish and EC environmentallaw 31
states. The Memberstates are obliged to create, eventually the administrative

structure or impose the sanctions. The real problems are with the directives.
According to the Treaty Establishing the European Community (art. 249 third
sentence) the directives are binding as to result to be achieved but leaving the
national authorities the choice of forms and methods. The directives are very dif-
ferentiated as to their legal forms. Some directives are very general regulating
only the aims e.g. the directive 84/360/EEC on the combating of air pollution
from industrial plants or directive 75/442/EEC on waste but there are the direc-
tives with the very detailed contents e.g. directive 200/53/EC on end-of-life-vehi-
eies or directive 1999/31/EC on the landfill 0 waste. In both cases there may be
the conflicting opinions as to the transposition and implementation. In the first
case it can be affirmed that the methods or forms are inadequate to the result the
directive are aiming to. In the second case it may be maintained that the transpo-
sition of the directive is word-by-word and therefore it will be not effective
because it is not fitting to the nationallaw.
The checking of the approximation process in accession procedure has an official
character. It is grounded on the political or administrative criteria. It may be sup-
posed that the European Council and Memberstates government will be used the
political criteria as expressed in Copenhagen summit of 1993 and in national inter-
est of Memberstates. Estimating the achievements of candidate states a holistic
approach will be prevailed. The Commission may prefer the administrative cri-
teria, using as main standards the institution building, growth of the administrative
staff and developing of administrative regulation. In Communication from the
Commission - Poland: Accession Partnership (Official Journal No C202 p. 63,
1998/06/29) it was stated: To ensure the effective implementation and enforcement
of the acquis, major reform efforts must be made to strengthen Poland's admin-
istrative structures in virtually all European Union relevant sectors. Special
efforts must be made to strengthen the authorities ensuring the correct application
oJ Community requirements in the Single Market and the customs authorities. The
regulatory and monitoring bodies must be strengthened in such fields as compe-
tition, securities, insurance, banks, money laundering, public procurement, con-
sumer protection, transport saJety as weil as standards and certification, the labor
inspectorate, veterinary and phytosanitary controls and Jood control.
It can be said that the strengthening of administration structures may be under-

stood on many ways e.g. by better organisation or better qualified staff. But in
reality the strengthening of administrative institutions denotes, in administrative
ranks, the increase of number of officials. As now, we see in Poland the necessity
of diminish of the public administration and not it growth. Such appeals may be
viewed with sympathy from the national administration because it promises the
strengthening of administration in political processes.
The problem of approximation of nationallaw to the EC law may be seen from
two other perspectives: from the perspective of present difficulties and discus-
sions on the approximation and from the perspective of globalisation and region-
32 Jerzy Sommer
alisation processes. As to present difficulties and discussions they are rooted in

the problems of implementing the EC law in national systems. The Commission
every year commences the infringement procedure under Article 226 of the
Treaty and refers many cases to Court of Justice because the Memberstates in
Commission opinion do not implement the EC law. There is not only the negli-
gence on the side of Memberstates but much more profound reasons. The reasons
are vested, on the one hand in the subject matter of regulation (the environment),
and on other hand in the technical proprieties of directives (legallanguage and
legal instruments which are different from the legal language and legal instru-
ments of nationallaw, as weH as conscience or unconscious vagueness of many
directives). There is more than one legitimate interest in the environment (what is
environmentally friendly to one interest may be wrongful for another) and there
are no simple answers to what is good and what is bad for environment. The law
is not numbers, but reflects the balance of various interests (P. Pagh, Denmark s
compliance with European Community Environmental Law, Journal of Environ-
mental Law, vol. 11, no 2, 1999, p. 302). The technical proprieties oflegal instru-
ment also must be taken into account (A. Bianchi, The Harmonization of Laws of
Liability for Environmental Damage in Europe: an Italian Perspective, Journal
ofEnvironmental Law, vol. 6, No 1, 1994, p. 22 ff.). Confronted with such situ-
ation the Commission created in 1992 the special survey and consulting system
on implementation of environmentallaw (IMPEL). In report of 1997 the Com-
mission stated that 65% directives regulating the Common Market were not
transposed (C. Mik op.cit p. 661). Taken the second perspective, it may be asked
whether Europe and than the globe are sailing toward the one law system or
whether there is only the question of proper proportion between the EC law and
the nationallaw. In this context it is the question on the role of subsidiary princi-
pIe mentioned in EC Treaty.
It is obvious that it is impossible to make a fuH review of all the probes connected
with the process of harmonisation. Therefore I would like to concentrate on the
most important matters.
2. Legal basis for harmonization process

Harmonisation of Polish environmentallaw with the EC environmentallaw must
be seen as one the prerequisite which Poland must fulfil to become the member
of the European Community. The basic obligations are regulated by European
Agreement signed on 16. 12. 1991 which entered into force on 1. 02. 1994. The
European agreement regulates not only the obligation in harmonization of law
but also it created the legal foundation for co-operation between Poland and EU
as weH as it regulates the basic obligation ofPoland in modemisation and restruc-
turing of its economic and sodal system. The European Agreement, according to
its character, as an Assodation Agreement, did not guarantee the membership in
European Union. It was the basis to begin the activities for this purposes for
Poland as weH as for Union.
Instruments for harmonizing Polish and EC environmentallaw 33
The important step was taken by the European Council on its summit in Copen-
hagen (21.-22. 06. 1993). The European Council determined the following crite-
ria, the fulfillment of which allows European countries to apply for membership
in EU: the candidate country must achieve stability of institutions guaranteeing
democracy, the rule of law, human rights and respect for and protection of minor-
ities, it must assure the existence of functioning market economy, as weH as the
capacity to cope with competitive pressure and market forces within the Union, it
must demonstrate the ability to take on the obligation of membership, induding
adherence to the aims of political, economic and monetary union.
The European Council expressed three groups of criteria: 1) political (stability of
institutions guaranteeing democracy, the rule of law, human rights and respect for
and protection of minorities), 2) economic (market economy, coping with the
competition requirements of Single Market) and 4) obligation of membership
(adoption ofthe Acquis Communautaire and fulfilment ofthe objectives ofpolit-
ical, economic and monetary union). The European Council in Madrid, in
December 1995, stressed the need to create the condition for the gradual, harmo-
nious integration of applicant countries, particularly through:
development for the market economy,
the adjustment of their administrative structure
the creation of stable economic and monetary environment.
The official application was submitted by the Polish Minister of Foreign Affairs
on 8. 04. 1994 in Athena (Greece fulfiHed at this time the Presidency in the Coun-
cil). The European Commission prepared in 1995 the White Book on Integration
of the East and Central European Countries with Common Market. The White
Book was accepted by the European Council on its meeting in Cannes (26.-27.
06. 1995). The Commission prepared in 1997 (15. 07. 1997, DOC/97/16) docu-
ment: Agenda 2000: Commission Opinion on Poland's Application for Member-
ship of European Union. Commission in the document analyzed the Polish appli-
cation on its merits. Applying the Copenhagen criteria, the document analyzed in
length the Polish ability to be a member of EU. The document designated the
tasks accomplished and the tasks which ought to be done. Taking into account
these documents the Polish Government prepared during the 1997 year several
documents on the Polish strategy of integration. The European Council on its
meeting in Luxembourg (12 - 13. 12. 1997) decided to begin the negotiations
with candidates countries from East and Central Europe and Cypress The nego-
tiation began in 1998 year. Council Regulation of 16. 03. 1998 (OJ No L085) and
foHow-up 981260lEC Council Decision (OJ No 121, p. 6,1998-0 - 23) created the
legal basis for the preparation of Accession Partnership documents. On March
30, 1998, Foreign Affairs Ministers from the fifteen countries of the European
Union handed over to their opposite numbers form the ten candidate countries of
Central and Eastern Europe individual Accession Partnership Agreements
(APSs) setting out, for each countries, conditions for granting of EU pre-acces-
sion aid and criteria for assessing progress made in aligning their economies and
34 Jerzy Sommer
legislative bases on the EU. In the environmental sector, it is stated in the docu-
ment: Steps must be taken to ensure the juli transposition of the environmental
acquis as weil as substantial progress in effective compliance. Particular efforts
must be made to achieve juli European Union compatibility of the waste, water
and nature legislation and to ensure the transposition of the framework Direc-
tives dealing with air, waste, water and the Integrated Pollution Prevention and
Control Directive. Investments must be strengthened, in particular as regards
large combustion plants, the water sector, industry, urban air pollution, solid and
hazardous waste management and management of municipal waste. A consider-
able effort must be made to develop adequate implementation and enforcement
structures. Public awareness with regard to the environment must be stimulated..
(Communication from the Commission - Poland: Accession Partnership, Offi-
cial Journal No C202 p. 63, 1998/06/29)
The basis of negotiation, on the Polish side, was National Program for the Adop-
tion of the Acquis (NPAA) accepted by the Minister's Council on 28. 06. 1998
and then amended every year according to the results of approximation processes
and the changes in document "Accession Partnership". The content of NPAA
reflected three basic elements: one - it was the progress in realization of Euro-
pean Agreement and the level of Polish preparation to EU membership, second -
it was the opinion of European Commission on Polish application and third - it
was the document of European Commission "Accession Partnership" which
defined the forms of an assistance for the candidate countries. The document
(NPAA) determined the directions of approximation activities and the schedule
of their realization in the years 1998-2002.
The negotiation has embraced the following items: 1) free movement of goods, 2)
free movement of persons, 3) freedom to provide services, 4) free movement of
capital, 5) company law, 6) competition policy, 7) agriculture, 8) fisheries, 9)
transport policy, 10) taxation, 11) economic and monetary union, 12) statistics,
13) social policy and employment, 14) energy, 15) industrial policy, 16) small
and medium size enterprises, 17) science and researches, 18) education, training
and youth, 19) telecommunication and information technologies, 20) culture and
audiovisual policy, 21) regional policy and coordination of structural instru-
ments, 22) environment, 23) consumer protection and health, 24) justice and
horne affairs, 25) custom union, 26) external relations, 27) common foreign and
security policy, 28) financial control, 29) financial and budgetary provisions, 30)
institutions and 31) other matters. The negotiation was conducted according to
the following phases. The first phase comprised the screening of the candidate
countries law from the point of view of the acquis communautaire In the second
phase Poland has prepared its position in the 29 negotiations items (excluding the
items 30) institution and 31) other maters, which was exclude from screening),
and sent the position to the Commission. In the next phase the European Com-
mission has prepared the common position ofEU towards the Polish position. All
these phases have enabled the parties to begin the negotiation. The point of the
negotiation departure is the screening of Polish legislation to find the discrepan-
Instruments for hannonizing Polish and EC environmentallaw 35
cies between Polish law and EC law. In all the points, where the discrepancies
were detennined, Poland must prepared the legal regulation in accord with acquis
communautaire. The negotiation should end in preparing the common position in
particular items, and in this way to detennine the conditions of accession.
3. Organisational arrangements
The process of integration requires proper organizational forms, on the side of
EU and on the side of Poland. From 26. 01. 1991 to 15 . 10. 1996 this process was
realized on the side of Poland by the Plenipotentiary of Government for the Euro-
pean Integration and Foreign Aid and by a Minister of Foreign Affairs. The Min-
ister was responsible for the negotiation with European Commission and the
Plenipotentiary was responsible for the harmonization of law and, to certain
degree, for the structural changes in Poland. The Plenipotentiary was located in
the structure of Minister's Council Office. The Office was located by a Prime
Minister and a Chief of the Office was nominated by him. The structure tried to
play the role of supenninistry. Areal role of the Office was dependent on the role
of a Prime Minister in Minister's Council. The role of a Prime Minister in the
Minister's Council was in turn dependent upon the party structure of government
(one-party or coalition cabinet) and upon the relation with the President of
Poland. In the years 1991-1995 (it is the term of office of President Wasa) the
President (Wasa) want to introduce the Presidential system equal as in USA or
even in Russia. This effort had a minimal political support but produced dishar-
mony in government. Also all governments in these times was coalition govern-
ments. The Constitution of 1992 (so call Small Constitution) gave to President of
Poland the additional powers over the Ministers: of Foreign Office, National
Defense and Internal Affairs (in comparison to other ministers). All these events
produced sharp political c1eavages and struggling for power. As a result of this
situation the negotiation with Commission was not supported by the processes
leading to harmonization of Polish law with EU Law.
As the situation was changed thanks to the victory of A. Kwaniewski in Presiden-

tial election and passage of the Constitution of 1997 the idea of Presidential sys-
tem was disappear and the foundation was created for more coherent structure of
central administration. There were created three institutions: Committee ofEuro-
pean Integration, the Plenipotentiary of Government for Negotiations and the
Negotiation Group. The main responsibility for the harmonization process and
structural changes as weH as for the coordination of negotiations was vested in
Committee of European Integration. The Plenipotentiary of Government for
Negotiations and the Negotiation Group were responsible for the negotiation
process. The Plenipotentiary was and is nominated by the Prime Minister. Helshe
was the deputy minister in ChanceHery of Prime Minister and now in the Ministry
of Foreign Affairs. The Negotiation Group consists of the deputy ministers nom-
inated by a prime Minister and representing the ministers engaged in harmoniza-
tion process. So the transfer of information about the negotiation to the ministries
36 Jerzy Sommer
responsible for harmonization is made more smooth. The President of the Com-
mittee ofEuropean Integration was and is the Prime Minister (with short pause in
the year 1997 - 1998), which fulfill its function with a help of Secretary - now
deputy Minister of Foreign Affairs, and previously a deputy minister in Chancel-
lery of prime minister. The Committee consists of Ministers: Foreign Affairs,
Internal Affairs, Justice, Finance, Labor and Social Affairs, Agriculture, Econ-
omy and Environment. The Prime Minister may nominate three persons with
competence in the fields of Committee activities. All these institutions function
under the politicalleadership of the Prime Minister and with strong influence of
Minister of Foreign Affairs on the negotiation processes. In this way the better
coordination of international policy is sought (Accession Negotiation, Poland on
the Road to the European Union, Government Plenipotentiary for Poland's
Negotiations, Warsaw 2000).
The ministers, whose competence embrace the negotiation items, are responsible
for the harmonization of legislation and the structural changes. They are acting on
the basis of the National Program for the Adoption of the Acquis (NPAA). In all
interested ministries there was founded special departments or task forces
responsible for the harmonization. The final decisions are made by the Parlia-
ment, which is deciding on the content of law: directly or indirectly. Directly by
enactment of acts and indirectly by determining the scope and, in certain degree,
the contents of executive orders. In Parliarnent (both in Sejm and Senate) the
commission of European integration was appointed in 1996 and it is functioning
nowadays. In previous terms of office in the Parliament, namely in Sejm, there
was created the special commission ofEuropean law, which should facilitated the
enactment of harmonization acts.
Simultaneously the mechanism was created to check concordance of the draft
legislation with the requirements of EC law. This mechanism existed from the
1992 but from the 1994 it has the legal basis. The Ministers Council enacted on
29. 03. 1994 the resolution which created the mechanism for this purpose (MP
No 23, item. 188). Every government legislative act and also the drafts ofparlia-
mentary acts must be scrutinized from the point of view of concordance with EU
legislation. The Ministers Council, Prime Minister or ministers must take into
account and opinion of concordance when they are making the decision on the
regulation. The opinion on concordance must be attached to the drafts of Parlia-
mentary acts when send to Parliament. In 1998 the additional mechanism was
created in Sejm. The acts which had not the government opinion of concordance
(it is the draft coming form MP or Parliamentary Commission) must have an
opinion produced by the Parliarnentary legal service.
4. The results of harmonisation process

The result of harmonization processes must be measured taking into account the
scope of the processes or quality of their result. Here I shall be interested only
with the first aspect.
As now Poland prepared 271 Parliamentary acts aiming at harmonization with

EU legislation. In the same time the Parliament has enacted 619 acts at all. So the
harmonization acts amount to 43% of all enacted acts. 78% of acts are enacted on
the initiative ofMinister's Council, 14% on initiative ofPM, 7% on initiative of
Parliamentary commission and the rest are enacted on initiative of Senate and
President of Poland. From these acts - 106 regulates the matters to this time not
regulated in Polish law (39%), 165 acts regulates the maUers regulated to this
time in Polish law: 67 acts are new acts (25%) and 98 acts amended the existing
legislation (36%). The acts on environmental protection amount to about 27, it is
10% of total number of acts aiming at harmonization with EU legislation. 7 acts
are only the amendments of existing legislation, the rest are regulating the mat-
ters to this time not regulated in Polish law or they are regulated the matter anew,
replacing the old regulation. Most ofthese acts (195 it is 72% comprise the del-
egation for obligatory executive regulation and 76 acts do not comprise the del-
egation for obligatory executive regulation. 88 acts comprise the delegation for
the facultative delegation for executive regulation (Ustawy uchwalone przez
Sejm III kadencji, Kancelaria Sejmu, Biuro Studi6w i Ekspertyz, January 2002,
raport nr 199). So, the parliamentary legislation it is only the first step toward
harmonization. It must be add, that most of these acts were enacted in the last two
years. It may be treated as an evidence that there was shortage of proper co-ordi-
nation of harmonization processes and also that the quality of these acts is not
high.
As now, the negotiation on the environmental protection was provisional ended
(on 26. 10. 2002).1t does not denote that Poland fulfilled all its obligation in this
field. Poland has the obligation to implement the new EU legislation (from the
years 1999-2002), to enact the executive regulation and to create the administra-
tive structures needed by the legislation implementing the EU law. Poland obtain
the 9 transitional period. It is allow to implement the following directives after
the term of accession: 99/33/EC relating to areduction in the sulphur content of
certain liquid fuels (4 years term), 94/63/EC on the control of volatile organic
compound (VOC) emissions resulting from the storage of petrol and its distribu-
tion form terminals to service station (3 years term), 94/62/EC on packaging and
packaging waste (5 years term), 99/31/EC on landfill of waste (10 years term),
259/93/EEC on supervision and control of shipments of waste within, into an out
ofthe European Community (5 years term), 911271/EEC conceming urban waste
water treatment (5 and ten years term depending on the size of agglomeration),
76/464/EEC on pollution caused by certain dangerous substance discharged into
the aquatic environment of the Community (5 years term for certain substances),
96/611 EC conceming integrated pollution prevention and control (8 years term
for existing plants), 97/43/ Euroatom on health protection of individuals against
the dangers of ionising protection in relation to medical exposures (4 years term).
It may be say that now all important direction of EU legislation was incorporated
to Polish law.1t was done either by amending existing legislation (e.g. hunter law,
conservation law, construction law, physical planning law, cultivated plants pro-
38 Jerzy Sommer
tection, energy law, geology and mining) or replacing the old legislation by the
new one or by creating quite new legislation. The acts replacing the old legisla-
tion are as followed: 1)The Environmental Protection Act of 27.04. 2001 (Dz.
No 62, item 627), 2)Water Law Act of 18.07.2001 (Dz. U. No 115, item 1224),
3) Act on Waste of27. 04. 2001 (Dz. No 62, item 628), 4) Act on Packaging and
Packaging Waste of 11. 05. 2001 (Dz. U. No 63, item 638),5) Act on the Duties
ofManufacturers ofCertain Waste and on the Deposit and Product Tax of 11. 05.
2001 (Dz. U. No 63, item 639),6) Nuclear Law Act of29. 11. 2000 (Dz. U. 2001
No 3, item 18),7) Act on Sea Fishing of 6.09.2001 (Dz. U. No 129, item 1441),
8) Act on Health Condition of Food and Nourishment of 11. 05. 2001 (Dz. U.
No 63, item 632), 9) Act on Cosmetics of 30. 03. 2001 (Dz. U. No 42, item 473),
10) Inland Navigation Act of 21. 12.2000 (Dz. U. no 5, item 43), 11) Act on the
Nourishing of Animals of 24. 08. 2001 (Dz. U. No 123, item 1353). The com-
plete new acts are as followed: 1) Chemical Substances and Preparation Act of
11. 01. 2001 (Dz. U. No 11, item 84), 2) Act on Substances that Deplete the
Ozone Layer of 2.03.2001 (Dz. U. No 52, item 537),3) Organie Farming Act of
16.03.2001 (Dz. U. 38, item 452),4) Genetieally Modified Organisms Act of
2.06.2001 (Dz. U. No 76, item 811),5) Forestry Replication Material Act of 7.
06.2001 (Dz. U. No 73, item, 761), 6) Act on Afforestation of Agriculture Land
of08. 06. 2001 (Dz. U. No 73, item 764),7) Water Supply and Sewage Treatment
Systems Act of 11. 04. 2001 (Dz. U. No 72, item 747),8) Act on Fertilises and
Fertilisation of 26. 07. 2000 (Dz. U. No 89, item 991), 9) Act on the Ban on
Chemical Weapon of 22. 06. 2001 (Dz. Uno 76, item 812), 10) Act on the Pres-
ervation of National Character of Natural Resources of Strategie Importance of
6.07.2001 (Dz. U. no 97 item 1051), 11) Act on General Safety ofProducts of
22.01. 2000 (Dz. U. No 15, item 179).
It may be counted that quite new legislation embraces 11 Acts. The complete
modified acts amount to 11 also.
One may question whether this harmonization effort of Poland resulted in better-
ment of Polish law system. It may be contended that the results are not clear. On
the one side there is betterment of legal system because there are regulated the
fields that were not regulated but they ought to be regulated and certain number
of new legal institutions was introduce whieh the system did not know (e.g. BAT,
modemised EIA procedure, protection of water based on river basin and IPPC
procedure). On the other side it may be claimed that the harmonization brought
more disintegration elements than hitherto existed (many acts not co-ordinated)
and the implementation deficit (Volzzugdficit) becomes deeper.
5. Legal problems connected with the harmonization

processes - constitutional structure of law
The harmonization processes are depending, from legal point of view, on two fac-
tors: the character and structure of the whole legal system and the character and
structure of particular branch (direction) of it.
The Polish law system fulfils the basic principles mentioned in the Copenhagen
Criteria of 1993. It is grounded on the democracy, rule of law principle, humans
rights and minorities protection. These general principles are realised by the more
specific institutions. In this context it may be mentioned the superiority of Con-
stitution and Parliament Acts in law system. The rights and obligations of citizens
may be regulated only by the Constitution and Parliamentary Acts. The courts are
independent and all administrative decisions are under their supervision. There is
Constitutional Tribunal which supervised the constitutionality of law.
Specially important in the context of harmonisation is the formal structure of
Polish law. The structure of the Polish legal system is determined by Articles 8,
87, 93 and 94 of the Polish Constitution. According to the Constitution the fol-
lowing sources of law exist in the Polish legal system: the Constitution, Parlia-
mentary Acts (statutes), ratified international agreements, executive orders (reg-
ulations) and locallaw.
The Polish legal system is based on the principle of supremacy of the Constitu-
tion and Parliamentary Acts and ratified international agreements. Constitutional
norms are directly binding unless otherwise stated (Art. 8, para 2) and they take
precedence over Parliamentary Acts and other regulations. The Constitutional
Tribunal safeguards the primacy of the Constitution and Parliamentary Acts in
the legal system.
Parliamentary Acts can regulate any sphere of sociallife but they can only regu-
late the rights and duties of citizens and individuals to the degree allowed by the
Constitution. All Parliamentary Acts have equal power. Therefore the provisions
of one act are not binding on other acts unless otherwise determined by court
decisions or jurisprudence. Polish system do not know the so called framework
law. International agreements, ratified by the President and promulgated in Dzi-
ennik Ustaw (Journal ofLaws), are directly binding in nationallaw. International
agreements ratified by the President as empowered by Act of Parliament have a
higher legal authority than Parliamentary Acts. The relationship between Parlia-
mentary Acts are governed by the principles of lex posterior and lex specialis.
The executive authorities can issue normative acts (executive orders, resolution
and regulation) only when so authorised by Act of Parliament. The executive
orders are binding for all and the resolution and regulation are binding only in the
framework of organisational dependence (a kind of Verwaltungsvortschriften).
The Council of Ministers, the Prime Minister and Ministers may issue also Reso-
lutions and Regulations. These acts are of internal character and are only binding
on those organisations and persons that are subordinate to the body that issued the
relevant act. The regulations can only be issued on the basis of a Parliamentary
Act. They cannot serve as the basis for decisions taken in respect of citizens, legal
persons and other subjects (Art. 93, para. 1 and 2). These acts may serve as instru-
ment of introducing the organisational measures necessary for implementation of
EC law.
40 Jerzy Sommer
Locallaws mentioned in Art. 94 of the Constitution may be issued on the basis of

(and within the limits specified by) Parliamentary Acts, by the different levels of
regional and local government administration. The local regulations apply to the
territorially defmed areas of operation of these different levels of regional and
local government administration. The principles of and procedures for enacting
locallegislation is specified in Parliamentary Acts (Art. 94 of the Constitution).
The principles of and the procedures for enacting local acts by the territorial body
of government administration are found in the Act of 5.06.1998 on the organ of
Government in voivodship (Dz. U. No 91, item 577). The Act provides that a
voivoda or other administrative body not subordinate to voivoda may issue the
legal enactment only if authorised by Parliamentary Act. The above mentioned
bodies mayaiso issue enactment without the specific authorisation of Parliamen-
tary Acts in the case of an emergency in order to protect human life, health or
property as weH as to protect public order and security and if there are no national
regulations.
The principles of and the procedures for enacting locallegal instruments by local
government are found in: the Act of 5. 06. 1998 on the self-government of
voivodship (Dz. U. No 91, item 576), the Act of 5. 06. 1998 on the district self-
government (Dz. U. No 91, item 578) and the Act of 8.03. 1990 on commune
self-government (Dz. U. of 1996 No 13, item 74 with amendments). The Acts
provide that a voivodship council, district council and commune council may
issue the legal instrument if authorised by Parliamentary Act. The district council
and commune council may also issue regulations without the specific authorisa-
tion of Parliamentary Acts in the case of an emergency so as to protect human
life, health or property as weH as to protect public order and security and if there
are no national regulations. The normative acts of local authorities are of subsid-
iary importance in the legal system, and their role in implementing of EC law is
also limited.
AH normative acts must be promulgated in the Dziennik Ustaw (Official Journal)
or in the regional journals of laws in order to come into force.
Much more important significance for the implementation of EC law have the
executive orders. According to the Constitution the only authorities empowered
to issue executive orders are: the President of the Republic (Art. 142), the Council
of Ministers (Art. 146, para 4.2), the Prime Minister (Art. 148.3), Ministers
responsible for administrative departments (Art. 149, para 2), the National Coun-
cil for Broadcasting and Television (Art. 213, para 2) and the President of Com-
mittees created by Parliamentary Acts (Art. 147, para 4 and Art. 149, para 3).
An executive order may be issued by the authority mentioned in Constitution on
the basis of specific powers contained in a Parliamentary Act and for the purposes
of the implementation of that Act. The Act must specify the appropriate body to
issue the executive order and the scope of matters to be regulated, as weH as
guidelines on the provisions to be contained in the order (Art. 92, para 1).
The present character of executive orders has a long his tory. It may be said that
the first outstanding step toward the clearing the nature of executive orders was
made by in 1964 by Stefan Rozmaryn, the outstanding lawyer of the time. He
developed the theory of executive orders as acts subordinated to Parliamentary
acts and executive to them (S. Rozmaryn, Ustawa w Polskiej Rzeczypospolitej
Ludowej, Warszawa 1964, 197 ff.). This theory was developed in the following
years. The main problems were: the scope and contents of delegation, the role of
the executive orders in regulating the rights of citizens, supremacy of Parliamen-
tary acts. There was the great discrepancy in the theory and practice. Of great sig-
nificance for the concept of executive orders was the establishment in 1985 the
Constitutional Tribunal. From these time the theory has the opportunity to
become the reality. This was strengthened after the introduction in Poland the
parliamentary democracy in 1989. Taking as a starting point the concept of rule
of law the Tribunal expressed the idea that the govemment can intervene in citi-
zen's rights and obligation only on the basis of en explicit delegation in parlia-
mentary legislation (K. Dzialocha, Pafzstwo prawne w warunkach zmian zasad-
niczych system prawa RP, Paiistwo i Prawo No 1 of 1992, p. 17). The Tribunal
dealt with this matter in many rulings which led to a fairly uniform interpretation
of Article 41 para 8 of Constitution of 1952 than Article 54 of Constitution of
1992 and particularly the expression "on the basis of Parliamentary acts and in
order to implement them" (K. Dzilaocha, Rozporzdzenie jako akt wykonawczy do
ustawy w orzecznictwie Trybunalu Konstytucyjnego, Annales Universitatis
Mariae Curie Sklodowska, vol. XXXVII, 4,1990, p. 41 ff.). The Tribunal found
that expression "on the basis ofParliamentary acts" had two meaning. First, these
rulings represented the position that the condition of explicit delegation in the
Parliamentary acts resulting from the expression in the Constitution binding in
that times "on the basis of parliamentary acts" meant that when the delegation is
not presented in the legislation i.e. the legislation is silent on this matter, it must
be interpreted as not delegating regulatory powers in the field regulated by the
Parliamentary act. The legislative delegation of authority is always subject to
stringent literal interpretation. Inferred scope of delegation of powers not listed in
the delegation or applying objective-minded interpretation is principally out of
question. Also inadmissible is the position of the authority issuing an executive
order that the competence to regulate certain fields has been delegated to it in an
implicit manner. The second of the two elements of the interpretation of the
expression "on the basis of parliamentary act" refers to the requirements of spe-
cificity (specific nature) of delegation in the Parliamentary act, as an immediate
ground for issuing the executive orders, regarded not only the authority which is
to issue such executive order, but also the matter in question. A specific reference
in the delegation to the matter regulated by the executive order means that the
matter should be define by its own indication of matters homogenous as to the
kind with those regulated in the act, but only these which do no have primary
importance in term of the object of the Parliamentary act and therefore they have
not been regulated exhaustively in the Parliamentary act, but nevertheless they
are necessary for the implementation of the provision of the Parliamentary act
42 Jerzy Sommer
(verdict of22. 04. 1987, K 1/87 Orzecznictwo Trybunalu Konstytucyjnego, Zbior

Orzeczefz, 1987, p. 43). In the opinion of the legal doctrine and the Tribunal the
executive character of executive orders required that the delegation must deter-
mines the principal direction of regulation concemed. So aH elements of the con-
temporary constitutional regulation of the executive orders were present in the
judicial decisions of the Tribunal and legal doctrine. But the Tribunal never ques-
tioned, under the previous constitutions, the delegations in Parliamentary acts
and the executive orders upon the charge not to determined the contents of the
executive orders. Sometimes it used other provision of Constitution to nullified
the delegation (e.g. the principle of rule of law or the principle of the confidence
of citizens to the state). In one verdict the Tribunal found that the delegation had
any directives pertaining to the contents of the executive order. On this ground
the Tribunal stated that the delegation and the executive order are unconstitu-
tional. But it did not nullified both because in meantime the another executive
order was enacted (verdict of23. 10. 1995, K 4/95, Orzecznictwo Trybunalu Kon-
stytucyjnego. Zbior Orzeczefz, 1995/2/11). Under the Constitution of 1997 the
Tribunal analysed many time the delegations from the point of view whether they
comprise the directives pertaining to the contents of an executive order. It found
that the determination of the contents of an executive order must be more dense,
if it ought to regulate the important rights of citizens or the executive order will
intervene into the matters preserve to regulation of Parliamentary acts. The dele-
gation must determine the direction of regulation or suppress certain directions of
regulation (verdict of 28. 06. 2000, K 32/99, Orzecznictwo Trybnlau Konstytu-
cyjnego, Zbior Orzeczefz, 2000/5/42)
These constitutional provisions create difficulties for the harmonisation process.
Most directives will be implemented by executive orders. Therefore the authori-
sation to issue such executive orders must comprise the scope of the matters to be
regulated as weH as guidelines on the content of the executive orders. A simple
statement that an executive order should implement an EC directive would not be
satisfactory. It would be created the problems also in future, unless the Constitu-
tion will be changed to aHow to issue executive regulation implementing the
future EC directive. The problem was discussed also in Germany under the tittle
of transmission or tuming over (Verweisung). It seems that it is allowed in Ger-
man law to include in an executive order (Rechts verordnung) a transmission to
the EC-directives (T. Kindl. Die Zu lssigkeit dynamischer Verweisungen auf EG-
Recht aus verffasungs- undeuroparechtlicher Sicht, DVBI, 1998, No 8, 377 ff.).
Important in this context is the regulation of Article 92 para 2 of the Constitution.
According to the Article a body authorised to issue the executive order cannot
delegate that competence.
Special important for the process of approximation has the Art. 31 para 3 of
Constitution which regulate the possibility of limitation of human freedom and
rights. It reads as foHows: Any limitation upon the exercise of constitutional
freedoms and rights my be imposed only by the parliamentary acts, and only
when necessary in a democratic state for the protection of its security or public
order, or to protect the environment, health or public morals, or the freedom and
rights of other persons. Such limitation shall not violate the essence offreedom
and rights.
The Article determines the conditions upon which the limits on the constitutional
freedom and rights may be introduced. The limits may be introduced only for the
protections of the foHowing values: 1) the security of state, 2) the public order, 3)
the environment, 4) public health, 5) public moral, 6) constitutional freedom and
rights of others. The limits can be introduce only to the degree which is admissi-
ble in a democratic state and they can not violate the essence of the right. Limits
on citizen's and individual's rights can be made only by the Parliamentary Act. It
is taken for granted that the limits must be in accord with principle of proportion-
ality. The regulation comprised in this Article was discussed in the verdicts of
Constitutional Tribunallong before the enactment of Constitution of 1997 (A.
Walaszek-Pyzio, Zasada proporcjonalnoci w orzecznictwie Trybunalu Konstytu-
cyjnego, Przegld Ustawodawstwa Gospodarczego, nr 1 z 1995 p. 14 ff.). Consti-
tutional Tribunal defined: 1) the principle of proportionality, 2) discussed the
relation of Parliamentary Acts to the government regulation based upon the par-
liamentary delegation (further called executive orders) and 3) discussed the prob-
lem of essence of the right which can not be violated. As to the first problem the
Constitutional Tribunal acknowledged that the limits upon constitutional rights
and freedoms may be introduce only 1) when the proposed legislation can bring
about the planned result, 2) when the proposed legislation is indispensable for
protection of the approved public interest, 3) when the effects of proposed legis-
lation are proportional to the burdens put upon the citizens (Orzecznictwo Try-
bunalu Konstytucyjnego, 1995, cz I, p. 133). This opinion was backed upon after
the enactment of Constitution of 1997 (K. Wojtyczek, Granice ingerencji ustwo-
dawczej w sfer praw czowieka w Konstytucji RP, Zakamycze, Krak6w, 1999,
p. 149 ff.).1t must be admitted that the concept of proportionality is the same as
used in judicial decisions of the Court of Justice (e.g. c. 181/84, The Queen, ex
parte E. D. & F. M. (Sugar)Ltd v. intervention Board for Agriculture Produce
(lBAP), 1985, p. 2889). So the congruence of aquis and Polish law is high in this
respect, and the approximation process is therefore made easier. It must be
acknowledged that the proportionality is not limited only to environmentallaw.
This principle is binding in the whole legal system. But it is also important in
environmentallaw (M. Kloepfer, Umweltrecht, Mnchen 1989, p. 17,50). Envi-
ronmental protection is often in a conflict with constitutional freedoms and rights
especiaHy with the property rights and freedom of economic activity. According
to the judicial decisions of Constitutional Tribunal as weH as the Court of Justice
the property rights, including property rights to movable and immovable things
(ownership rights), are not unlimited (ius infinitum). They can be limited in situ-
ation of conflict with other rights and values protected by law. Other rights and
public values also are not unlimited. The legislator must estimate the conflicting
rights and value according to specific situation and make adecision based inter
alia on the proportionality principle.
44 Jerzy Sommer
As to the relation between Parliamentary acts and executive orders (delegated leg-
islation), in the context of Art. 31 para 3 of Constitution, the Constitutional Tri-
bunal has a rather strict standing. The Tribunal express many times the opinion,
also before the enactment of Constitution of 1997, that the limits of constitutional
rights may be made only by the Parliamentary acts in the matters of criminallaw
and other penal provisions. In other matters it is possible to delegate the legislative
power to regulations but they can regulate only secondary circumstances
(J.Oniszczuk, Orzecznictwo Trybunalu Konstytucyjnego w l. 1986-1996,
Wydawnictwo Sejmowe-Warszawa 1998, p. 180 ff.). This opinion was reinforced
after the enactment of Constitution of 1997. The Constitutional Tribunal decided
that regulation of constitutional rights may be made only by the Parliamentary acts
(verdict 0119. 05. 1998, U.5/97, Orzecznictwo Trybunalu Konstytucyjnego, Zbior
Orzeczefz, 1998, nr4, p. 252 and verdict 0130. 10. 2001 K 33/00, Orzecznictwo Try-
bunalu Konstytucyjnego, Zbior Orzeczefz 200117/227). But it seems that this opin-
ion is too rigid and it is practically impossible to regulate all limits of constitutional
rights only in Parliamentary acts (K. Wojtyczek, op. cU, p.114 ff.). In other verdicts
the Tribunal did not exclude entirely the possibility of regulating certain elements
of constitutional rights in the executive orders. But the executive order can not
deterrnine the basic elements of a right (verdict 0131.01. 2001, P 4/99, Orzec-
znictwo Trybunalu Konstytucyjnego, Zbior Orzeczefz, 2001/1/5). It may be added
that in other verdict (017.02.2001. K.27/00, Orzecznictwo Trybunalu Konstytu-
cyjnego, Zbior Orzeczefz, 2001, no 2, pos. 29), the Tribunal supporting the amend-
ments to the Physical Planning Act, does not question the competence of com-
mune councils to regulate, in very broad scope, the property rights in the land-use
plans in spite of very vague formulated delegation. It seems that in future the Tri-
bunal will be not question the regulation of the constitutional rights by the exec-
utive orders based on Parliamentary delegation, if the delegation will be in accord
with Art. 92 of Constitution and the regulation in Parliamentary act will fulfil the
requirements of good legislation. In The opinion of the Tribunal there are three
requirements of good legislation. First, norms which are limiting the constitu-
tional rights must precisely deterrnine who and in what situation is subjected to
limits. Second, the norms must be so precisely formulated to enable uniform
implementation and interpretation. Thirdly, the scope of the norms introducing the
limits of constitutional rights ought to reflect the concept of a rationallegislator,
it is, only such limits ought to be introduced, that rationallegislator could impose.
It seems, that Polish law system will be confronted, after accession, with the same
problem as the Memberstates in the scope of constitutional rights against the EC
law intrusion.
As to the concept of the core of constitutional rights which can not be infringe,
the judicial decisions of the Tribunal are vague, and the same is with legal doc-
trine. It seems, that it is prohibited to introduce such limits which will nullify the
rights. It is approved standing but not unique in this respect. It is assumed also
that the decision must take into account the character of rights and real effect for
them resulting from the restriction. the same situation is in judicial decisions of
Court of Justice.
Until now there was analysed constitutional regulation important not only for
the environmentallaw. But it must be stress that the Constitution of 1997 com-
prises regulation on environmental protection. At fIrst it must be mentioned that
the norms of Constitution are directly binding (Art. 8 section 2) unless the Con-
stitution provides otherwise. The Constitution of 1997 regulates the environ-
mental protection in fIve articles (M. Mazurkiewicz, Regulacja konstytucyjna
ochrony srodowiska w Polsce, Ochrona Srodowiska. Prawo i Polityka, nr 2 (8) z
1997, s. 2 ff.). The most fundamental meaning has the Article 5, which lists the
environmental protection between the main aims of the Polish state, connecting
the environmental protection with the principle of sustainable development. The
Article states:
The Republic of Poland shall safeguard the independence and integrity ofits ter-
ritory and ensure the freedoms and rights ofpersons and citizens, the security of
the citizens, safeguard ofthe national heritage nd skall ensure the protection of
the environment pursuant to the principles ofsustainable development.
The principle of sustainable development was introduced fIrst time to Polish
legal system by the resolutions of the Parliament of the Republic (Sejm RP) of
10th ofMay 1991, being the basis for the national environmental policy. The pol-
icy structured in this resolution acknowledged the priority of the actions aiming
to prevent ecological degradation against the actions aiming to cure only its
adverse effects. Then the Act on Physical Planning of 1994 placed the sustainable
development as the corner stone of land-use. The principle of sustainable devel-
opment was defmed in The Act of 1980 on the Protection and Shaping of Envi-
ronment as the basis for the national regional and local environmental policy.
Now this defInition was comprised in the Environmental Proteetion Act of 200 1.
This concept is generally understood as the concept that ensures satisfying the
material needs of people, fair treatment and safety, to assure at the same time that
the use of non-renewable natural resources will be kept within such a scope that
would not preclude satisfaction of needs of future generations, and the renewable
resources will be used rationally. It must be stress that the defInition comprised in
the Environmental Protection Act of 2001 or in another Parliamentary acts has no
consequences for the meaning of constitutional norm. Constitution do not com-
prise any defInition of sustainable development, direct or indirect. There are, at
least, three concepts of sustainable development (R. Steurer, Paradigmen der
Nachhaltigkeit, Zeitschrift fr Umwetlpolitik & Umweltrecht, 2001, 537 ff.). So
the legislator may choose any concept which he prefer i.e. that which is consisted
with his concept of social and economic life under the condition that the environ-
ment will be treated as one of the development factor.
The Constitution states in Art. 74:
1. Public authorities shall pursue policies to maintain ecological security for
current and future generations.
2. Protection of the environment shall be the duty of the public authorities.
46 Jerzy Sommer
3. Everyone shall have the right to be informed ofthe quality ofthe environment
and its protection.
4. Public authorities shall support the activities of citizens to protect and
improve the quality of the environment.
The Article comprises the human right on information about quality of environ-
ment and about the activities aiming to protect it. It also comprises the obligation
of public authorities: to protect the environment, to develop the policy safeguard-
ing the environmental security for current and future generation and to support
the citizen's activities in this realm. The obligations of the public authorities have
more decorative then real meaning. They express the idea that the environment
should be guarded. Art. 68 section 4 lays on the public authorities the obligation
to prevent the negative health consequences of degradation of environment. the
normative value of this norm also is not too high.
The human rights provided to by the Constitution may be divided in two groups:
one which is applied directly on the Constitution and second can be asserted sub-
ject to the limitation specified by act. The right proclaimed in Article 74 belongs
to the second group. In this situation, the act decides on the scope of the right.
Such regulation is comprised in Environmental Protection Act of 2001. But also
other the existing law comprises provision on this subject. The Act determines
the scope of information to be provided for, the procedure and the exclusions.
The regulation is in accord with Arhus convention and 90/3131EEC directives on
the access to information (J. Sommer, Prawo do informacji 0 stanie i ochronie
srodowiska. Ochrona Srodowiska. Prawo i Polityka, 2000, No 4 (22), 2 ff.).
The Constitution also proclaims the citizens duty to protect the environment. The
Constitution states in Art. 86:
Everyone shall ca re for the quality of environment and shall be held responsible
for causing its degradation. The principles of such responsibility shall be speci-
fied by the Parliamentary Act.
It is worthy to notice that the notion of constitutional obligation is dubious. All
constitutional obligation may be reduced to the duty to observe the law. The same
is with Article 86.
6. Character and Structure of Environmental Law

It must be taken into account that the Polish environmental law is developing
since early 70-ties (1. Sommer, Prawo ochrony srodowiska w systemie prawa
polskiego, Studia Prawnicze, z. 3-4 z 2001, p. 285 ff.). There exists many and
specific regulations. They were based often on other concepts than EC law. So the
harmonisation process is not evolving in vacuum. It must Not only the law must
change but also the legal customs. To asset this problems it is necessary to show
the environmentallaw of Poland before the final stage of harmonization proce-
dure in 200 1.
The range of subject matters covered by the environmentallaw comprises the fol-
lowing items:
1) regulations goveming the protection against pollution (law on emissions),
2) regulations goveming the protection of valuable features of nature (nature
conservation law)
3) regulations goveming the use of natural resources,
4) regulations goveming procedural and organisational issues,
5) regulations goveming product supervision in terms of environmental protec-
tion requirements
It seems that today the law on emissions is the most voluminous set of regula-
tions. This is composed of provisions regulating the protection of waters against
pollution, protection of air against pollution (including noise and vibrations
abatement), protection against waste, radiation, and also protection against emer-
gencies. The financiaUlegal provisions on environmental fees and fines and on
methods of accumulating and allocating them should also be included in this sub-
ject scope. This group also covers the issues oflegalliability for non-compliance
with the environmental protection requirements. These issues were regulated in
many legal acts, particularly in the Water Law, Act on Environmental Protection,
the Nuclear Law, the Civil Code, and the Penal Code. Now it is regulated in Envi-
ronmental Protection Act of 2001, in Acts on waste management, in Water Act of
2001, to mention most important. The main legal instrument used is different
kinds of an administrative decision. Also to some extent the plans are used.
The provisions regulating nature conservation are among the oldest in the envi-
ronmental protection law (apart from water law provisions). These were at the
origin of this direction of regulations. Sometimes they are even equalled with the
whole body of environmental protection law in connection with the change from
the conservation concept to planning concepts. The latter position does not seem
correct. The nature conservation law, as put in the Act on Nature Conservation of
1991 and other acts of this kind in force in other countries does not cover all
issues which constitute the environmental law. The nature conservation law is
essentially the law regulating the protection of areas particularly valuable for
their natural features as well as the protection of plant and animal species. The
nature conservation law is based on the Act on Nature Conservation and on exec-
utive regulations for this act. Provision of the civil and penal code are not without
importance either. The regulations conceming the management of natural
resources in general (included in the provisions of the Act) are in logical and
functional relationships with the above scope of regulations, and only loosely
connected with regulations regarding the exploitation of the natural resources in
economic processes. This situation does not, however, pertain to Poland only.
The main legal instruments used are protected territories and the protection of
species.
The regulations goveming the use of natural resources are those which refer to
the use of mineral deposits, water, biological aquatic resources, forests, agricul-
48 Jerzy Sommer
tural resources (protection of farmland, forests and soils), game animals,

resources used in medical treatment, and the regulations regarding sanitary pro-
tection of cultivated plants and farm animals (which is sometimes challenged
because of competition with laws governing agriculture). I would not include
here provisions protecting animals against cmel treatment. In my opinion, they
do not belong at all to the nature conservation laws, just as the laws prohibiting
torture or cmel conduct of warfare do not belong there.
Regulation governing the use of natural resources. This is a very extensive sec-
tion. Within this provision, the environmental protection is only one of the
themes of the regulation although it should be admitted that it is of ever-increas-
ing importance. An example of this could be a theoretical attempt to develop the
environmental protection law as an environmental resources management law
(cf. C. CampbeH-Mohn, B. Breen, J. W. Futrel, Sustainable Environmental Law,
West Publishing Co. 1993). With the concept of sustainable development becom-
ing quite common, this theme - management of natural resources, in addition to
economic premises, becomes a basic premise, inseparable from the economic
ones. Including this type of regulations in the environmentallaw does not stern
only from its underlying premises, but also and most of all from the fact that
many legal institutions specific to environmental protection were created for the
management of natural resources (for example close seasons for game animals).
The management of natural resources was regulated in many legal acts, such as
the Geological and Mining Law, Water Law, Act on Inland Fishery, Act on Sea
Fishery, Hunting Law, Act on Forests, Act on Environmental Protection and
Management, Act on Protecting Farm arid Forest Lands, Act on Health Resorts
and Treatment. Now, they are supported by other Parliamentary acts e.g. Act on
organic farming
Regulation goveming procedural and organisational issues. This group of envi-
ronmental regulations consists of legal acts on decisions important for environ-
mental protection. I do not include here the provisions of the code of administra-
tive procedure nor the code of civil procedure even though they are not without
importance to environmental protection, but regulations governing physical plan-
ning, construction, and in particular those regarding environmental impact
assessment, environmental audits and the access to information. An essential part
of these regulations are organisational provisions. These may include decisions
on setting up certain organisational units or authorities, as weH as regulations
determining the responsibilities of various authorities with regard to environmen-
tal protection. These regulations were included in the Act on Environmental Pro-
tection, the Act on State Inspectorate for Environmental Protection, as weH in
many other legal acts.
Regulation goveming product supervision in terms of environmental protection
requirements. This group includes regulations about checking products for their
friendliness to the environment or the lack of it. These are regulations on chemi-
cals, building materials, fuels and technical equipment. This line of regulations
was the least developed in Poland compared to other countries. It consisted of the
provisions included in the acts on environmental protection and management,
road traffic, poisons, foodstuffs and nutrition, standardisation and certification,
and the provisions of the Building Code. Now this direction of regulation is more
completed and comparable to EC law.
The fact that the environmental law is composed of so diversified regulations,
with different effective dates, cause some problem in their implementation. What
is commonly pointed out, not only in Poland, is the lack of organisation of provi-
sions, occurrence of gaps, crossed regulation, and finally their inconsistency
from the viewpoint of their primary objectives, e.g. ensuring the proper quality of
environment. There is also the problem of external integration, e.g. ensuring that
the environmental provisions are synchronised with other lines of legal regula-
tion, particularly with those which are essentially connected with ensuring envi-
ronmental protection. There are two method of ensuring the internal integration
of environmentallaw and not only the environmentallaw. The first method con-
sists of the proper shape of the sources of law. In connection with this, concepts
of developing an environmental code or framework environmental act regulating
general principles of environmental protection binding throughout the system of
law are suggested. It seems that, there are no premises for developing a code of
environmental protection in Poland. This situation occurs not only in Poland. It
seems that in the context of EC law it is very difficult to create the national code
of environmentallaw. The solution exercises contemporary in Poland is based on
a model of an act, halfway between a code and a framework act. This kind of
intermediate measure, which can be called a compilation act, was represented by
the Act of 1980 on Environmental protection, which regulated the whole (or
almost the whole) of environmental protection through general principles, and
contains detailed regulation regarding some specific problems, e.g. air and noise
pollution, financial measures, genetically modified organisms, environmental
impact assessment, environmental accidents. To 1997 it encompassed also the
waste management provisions. But contemporary the development is toward
detailed and specific regulation. The Environmental protection Act of 2001 is
going along the same lines. It regulated, besides the basic principles, such matter
as: environmental policy and programming in environmental protection, access
to information, public participation, environmental impact assessments, protec-
tion of quality of environment, protection against emission, major-accident haz-
ards, financial means, legal responsibility and liability and the organisation of
environmental protection.
The second method of internal integration is based on the set of general principal
of environmentallaw which are implemented by a coherent set of legal institu-
tions coupled with the co-ordinated system of enforcement. The discussion on the
general principles of environmental law connected with the discussion on the
problem: is the environmentallaw aseparate branch of law, has in Poland a long
history. The discussion was based on the regulation of the Act on Protecting and
Shaping of Environment of 1980. The principles formulated during the discus-
50 Jerzy Sommer
sion had more ideological e. i. they reflected an ideological option for the envi-
ronment then legal character (J. Boc, E. Samborska-Boc, Ochrona Srodowiska.
Zagadnienia prawne i ekonomiczne, Wroclaw 1989, p. 47-50).
Based on the constitutional provisions and on other acts, particularly the Envi-
ronmental Protection Act of 2001, it can be concluded that contemporary Polish
environmentallaw is based on the following principles:
1) sustainable development
2) integration of environmental protection with all relevant policies
3) polluter pays
4) proportionality
5) prevention and precaution.
The proportionality principle is not only comprised to the environmentallaw but
has the more broader meaning as was presented above. All other principles are
confined to the environmentallaw (J. Boc, K. Nowacki, E. Samborska-Boc, Och-
rona srodowiska. Kolonia Limited, Wroclaw, 2002, 141 ff.). These principles of
environmental law are similar to the principle incorporated in EC law and the
laws of Memberstates. Therefore it is not necessary to present their contents. In
connection with these principle the two remarks may be set forth. The first
remark may be formulated as the question: how is relation of the principles of
environmentallaw to the principles of administrative, financial, civil and penal
law? The norm of the environmentallaw, notwithstanding whether it is aseparate
branch of law or not, belong simultaneously to administrative law (most) to
financiallaw, to civillaw and penallaw. All these branches of law have its own
legal principle. In this context one may ask e.g. on the relation of the precaution-
ary principle to the liability regime of civillaw or responsibility regime of penal
law. The second problem may be posed as follows: are the above mentioned prin-
ciples of environmentallaw really law principles or only the principle of environ-
mental policy? As we analysed the polluter pays principle, one of the oldest, there
is very difficult to point out the subject of this principle (who is the polluter: man-
ufacturer or consumer) and in what legal form(s) the responsibility (pays) is real-
ised. The same is with the precautionary principle. Commonly the precautionary
principle is understood as the principle which states that in cases where there are
threats to human health or the environment the fact that there is scientific uncer-
tainty over that threats should not be used as the reason for not taking action to
prevent harm. But the statement is composed of notion which are highly not clear
(scientific uncertainties, threats, human health and environment). But not only
the notion of precautionary principle is not clear. One may ask who are the sub-
jects ofthe principle: the institutions ofpublic authority (and what) or the private
person (physical or legal). What is real sense of precaution? The answers on the
last question are comprise between two poles: on the one side, there is suggestion
that the precaution means that it is necessary to prevent the dangers which may
occur but we have no sure evidence, that they really will occur (J. Salzwedel,
Rechtgebote der Umweltvorsorge, (in) F. Niklisch (ed) Prvention in Umwelt-
Instruments for harmonizing Polish and EC environmentaI law 51
recht, Risikoversorge, Grenzwerte, Haftung, Heidelberg 1988, p. 14), on the

other side the precautionary prineiple is redueed to the requirement of rational
behaviour (Elizabeth Fisher, ls the precautionary principle justifiably?, Journal
of Environmental Law, vol. 13, No 3, 200 1. p. 325). Another question which one
may pose in this eontext is the question on the fields of applieation. Can the prin-
ciple be applied to the whole seope of environmental poliey and law or only to
eertain field e.g. risk assessment of dangerous produet or to emission law. It
seems that there are too many questions on the eontents, seope of applieation and
subjeets to treat the principle as the legal norms. Rather it is the prineiple of envi-
ronmental poliey. In this direetion are going the suggestions of European Com-
mission (Communicationfrom the Commission on the Precautionary Principle,
Europe Environment, February 8, No 561). In any ease the sense, field of appli-
eation and eharaeter of the principle must be diseussed, because there are to many
uneertainties.
The EU Rural Development Programme
and the accession process
A/icja Majgier
1. General data
Overall budget: EUR297.9 million
Loan: EUR 118.8 million
Creditor: International Bank for Reconstruction and Development (the World
Bank)
Loan Agreement of: 25 July 2000
Implementation period: October 2000 - July 2004
2. Project objectives
The key objective of the Project is the financial, investment, scientific and prac-
tical support of rural economic development, through:
Generation of new, non-agricultural jobs in the rural areas;
Strengthening of self-govemment structures and the regional development
process; and
Build-up of the institutional capacity required for the management of the EU
funds.
3. Beneficiaries
The Project is addressed to the rural and small (up to 15 thousand population)
township communities. It will be of particular advantage for the users of the mod-
em technical infrastructure developed under the Project, primary school pupils
and teachers, all levels of self-govemment and the large population of the unem-
ployed, farmers and entrepreneurs, who wish to improve their professional skills
and create new jobs.
4. Structure of the Project:

4.1 Microcredits
Subsidised loans of up to US $5 thousand (i.e. PLN equivalent of that amount)
will be extended to the rural inhabitants to fund and maintain small enterprises
and incidental, non-agricultural sources of income. Moreover, each borrower will
receive PLN3600 in one-time subsidy toward the purehase of fixed assets.
54 Alicja Majgier
4.2 Labour redeployment

Project experts will analyse labour market and the economy of the regions cov-
ered by this component and further prepare the professional re-training pro-
grammes, tailored to the local needs. To those of a poor financial standing, the
component will translate into new skills, permanent jobs or additional, non-agri-
cultural sources of income.
4.2.1 Education
Expansion and upgrade of schools and school recreational facilities, training for
teachers and principals to improve their professional skills and purchase of teach-
ing aids are among the crucial elements of the component. Combined, they will
better the teaching conditions and edueation levels of the rural youth, which in
the long run should translate into higher levels of edueation within rural commu-
nities and invigorate the rural economy.
4.2.2 Institution Building in Local and Regional Administration

The primary tasks of the institutional component include improvement of profes-
sional skills of the rural offieials, henee the quality improvement of the services
thereby provided and better management of human and material resourees. In
order to reinforce the institutional potential of the local and regional administra-
tion, two projects have been selected as eligible for the Project finance, namely
the Institution Building in Loeal and Regional Administration Project and the
Training Projeet.
4.2.3 Rural infrastructure

Building and upgrade of roads, water supply systems, sewers and sewage treat-
ment plants, and the solid waste colleetion and utilisation systems will improve
the teehnical infrastructure in the rural areas. Better infrastructure will boost pri-
vate sector investments, generate new, non-agrieultural jobs and reduce the eco-
nomic gap between the rural and urban areas. A positive impact on health and
environment is also expected.
5. Project implementation
In order to ensure the effective operation of the Project and a full satisfaetion of
the local needs, the Projeet management has been de-eentralised. Responsibility
has been broken down into local, regional and central. The de-eentralised man-
agement is key for adjustment of the Polish eeonomy and administration struc-
ture to the EU membership requirements. Also, it appears of partieular impor-
tance for promotion of the market-driven, rational management of the scarce
public budgets available for the development of the entire economy. Separation
of the design and implementation functions from those relating to payments has
subjeeted the decision making proeess of the Project to public scrutiny. The funds
available within the Projeet are distributed in a transparent manner, in line with
the applicable procedures.
The EU Rural Development Programme and the accession process 55
5.1 Centrallevel
The National Steering Committee manages the Project at the centrallevel. The
Committee decide on the amount and drawing schedule of the individual
tranches, allocated to the individual voivodships and Project components. The
Committee receive project ranking lists drafted by the Regional Steering Com-
mittees and including the projects eligible for finance from the Project budget.
Lastly, the Committee on-line assess and, where appropriate, revise the Project.
The Committee is responsible for the Project integration with national structural
policy of the rural and agriculture development.
5.2 Project Teams

The Minister of Agriculture is responsible for the rural development, thus the
implementation of the Rural Development Project. Due to its comprehensive
nature, the Project implementation is supported also by the following ministries
and organisation units:
Ministry of Labour and Sodal Policy
Microcredits
Retraining programme
Ministry of National Education
Education
Ministry of Interior and Public Administration
Institution Building in Local and Regional Administration
Agency for Restructuring and Modernisation of Agriculture
Rural infrastructure
In each of these institutions a Project Team has been appointed, responsible for
the monitoring and implementation of the relevant Project component.
Project Co-ordination Unit
Placed within the structures of the Foundation of Assistance Programmes for
Agriculture, the PCU has been responsible for the overall co-ordination of the
Project implementation at the central and regional level. The PCU is also the
Secretary's Office of the National Steering Committee.
5.3 Regionallevel
Regional Steering Committees
In every voivodship, the Regional Steering Committees determine regional
development priorities and the consequential criteria, applied at the evaluation of
the infrastructure and education-related projects. The Committees manage the
Project funds thereto allocated and co-operate with the Project beneficiaries.
56 Alicja Majgier
Voivodship Project Implementation Units

At the voivodship level, the Project is co-ordinated by the Voivodship Project
Implementation Units, which co-operate with the PCU and:
Voivodship Labour Offices

Retraining
School Superintendent's Offices

Education
Regional Branches of Agency for Restructuring and Modernisation of
Agriculture
Rural inJrastructure
5.4 Locallevel
Gminas and powiats
The local units manage local biddings in keeping with the World Bank proce-
dures, execute material supervision of, and audit investment projects under
implementation. The local units are responsible for reporting on rehabilitation
and upgrade of schools, school recreational facilities and the rural infrastructure.
6. Structure of the Project:

6.1 Microcredits
Assumptions and tasks
Under the Microcredits component, assistance is provided for the establishment
of small enterprises in the rural areas. Microcredits of up to $5 thousand (i.e. PLN
equivalent of that amount) are extended along with a one-time grant totalling
PLN3600. The borrowers may expect advisory support.
Beneficiaries
Voivodships selected for the Microcredits component include kujawsko-pomor-
skie, malopolskie, podkarpackie, warminsko-mazurskie and zachodniopomor-
skie. Microcredits are available to the unemployed willing to start a non-agricul-
tural job, owners of small enterprises and up to 3 notional hectares farms, living
in the rural and mixed urban and rural gminas and small townships (of up to 15
thousand population).
Microcredits have been provided for finance of any short- and medium-term
investment projects, required for establishment of a new, or expansion of an
existing business. The product is addressed to private individuals, although their
firms may be legal persons. The new, or existing businesses must comply with the
Polish law, and satisfy the business registration requirements. Microcredits are
also available to the farmers, who rent rooms, camping yards, provide catering
and other tourist services, even if such business has not been registered.
Microcredits may not be provided for refinance of investment projects started,
nor for those relating to production and processing of tobacco. Borrowers are
required to document their ability to repay the loan with the revenue earned over
not more than 36 months. The one-time fixed asset subsidies are not available to
the persons already involved in business.
Implementation units
The Programme Team of the Pre-accession and Structural Programmes Depart-
ment of the Ministry of Labour and Social Policy is responsible for the supervi-
sion of substance and content of the component implementation. Bank Gospo-
darstwa Krajowego has bee appointed the implementation agency for the
component. The PCU co-ordinates implementation of, and information flows
within the component, in elose co-operation with the Project Team and the
Voivodship Project ImplementationUnits, which are the implementation units at
the voivodship level. Also, the Voivodship Project Implementation Units super-
vise the one-time subsidies.
Microcredits and the one-time fixed asset subsidies will be extended by the serv-
ice providers, selected in each voivodship in a bidding process. The winners will
also provide advisory services to the borrowers.
6.2 Labour Redeployment

The Labour Redeployment component is meant to assist the impoverished inhab-
itants of rural areas through the development of their professional skills and ena-
bling to use them for generation of income. Following will be financed under the
component:
Economy and labour market studies with the idea to identify employer expec-
tations and compare them to the local workforce potential;
The Labour Redeployment programme, finances the instruments, aimed
chiefly at activeness stimulation and generation of employment opportunities
within rural communities. To this end, following services will be provided
under the programme:
Professional advisory and information;
Labour intermediation services;
Training aimed at professional re-qualification and stimulation of the job seek-
ing skills;
Assistance in finding temporary, non-agricultural job;
Training and advisory on the non-agricultural business;
Small business incubators; and
58 Alicja Majgier
Advisory and training for the powiat govemment in terms of the design and
delivery
of the programmes, targeted at unemployment reduction and development of
entrepreneurial attitudes.
Beneficiaries
Voivodships selected for the Microcredits component indude: kujawsko-pomor-
skie, lubelskie, ma30polskie, podkarpackie, rewietokrzyskie, warmifisko-mazur-
skie and zachodniopomorskie.
Component beneficiaries:
Unemployed;
Owners of up to 3 notional hectares farms; and
Household members of those referred to above, if the average monthly per cap-
ita income is below the average.
Eligible beneficiaries live in the rural and mixed urban and rural gminas and
small townships (of up to 15 thousand population). The subcomponent does not
cover pensioners and those eligible for the pre-pension benefits and allowances.
The Project Team of the Pre-accession and Structural Programmes Department of
the Ministry of Labour and Social Policy is responsible for the overall super-
vision of the subcomponent. The Team provides technical assistance and moni-
tors the services provided under the subcomponent. The PCU co-ordinates imple-
mentation of, and information flows within the component, in dose co-operation
with the Project Team and the Voivodship Project Implementation Units, which
are the implementation units at the voivodship level.
Services under the subcomponent will be rendered by the service providers,
selected in a bidding process
6.2.1 Education
The component focuses on improvement of conditions and levels of education in
the primary and secondary schools in the rural areas. Improvement of education
levels of rural school graduates will encourage professional activeness and stim-
ulate employment in the rural areas, hence narrow the economic gap between the
rural and urban areas.
Following will receive financial support under the component:
School infrastructure development projects (rehabilitation and upgrade of
school buildings);
Adjustment of the network of recreational facilities for the commuting chil-

dren in line with the school consolidation requirements assumed in the educa-
tion system reform;
Improvement of education effectiveness in rural schools achieved through
training of teachers and principals;
Increase of education levels through the purchase of teaching aids and materi-
als, along with the computer software provided for education support; and
Facilitation of the process of spreading computers and other IT facilities in
schools through the IT training sessions for teachers and the launch of the
Internet Education Resource Centre.
Beneficiaries
Seven voivodships with the highest structural unemployment rates have been
selected for the component. These inelude: kujawsko-pomorskie, lubelskie,
malopolskie, podkarpackie, swi~tokrzyskie, warmmsko-mazurskie and zacho-
dniopomorskie voivodship. Gminas and powiats are eligible for support under
the component, with the exception ofthe townships of over 15 thousand popula-
tion. Only the rehabilitation and upgrades of school buildings and recreational
facilities in rural schools are eligible for finance under the component.
Level of subsidies:
The level of subsidies will differ across the individual tasks, and account for 42%
of the total rehabilitation and upgrade work, 67% of the purchase cost of compu-
ter software, 59% ofthe total cost ofteaching aids and 62% oftraining cost. Ben-
eficiaries subsidised under the component shall cover the remaining cost with
their own funds or from other sources.
The Project Team in the Ministry of National Education is responsible for the
supervision of substance and content of the component. The Team has also been
charged with oversight of the delivery of the Internet Education Resource Centre
and monitoring implementation progress of the component. The PCU co-ordi-
nates implementation of, and information flows within the component, in elose
co-operation with the Project Team and the Voivodship Project Implementation
Units. The Units accept applications for fmance submitted by powiats and gmi-
nas and provides technical assistance and consulting to the applicants. Also, as
the Secretary's Office of the Regional Steering Committee, the Project Imple-
mentation Office is responsible for technical verification of the applications and
prepares draft ranking lists. In every voivodship, the Regional Steering Commit-
tee decide on allotment of funds, set the project evaluation criteria and determine
the final ranking list of the projects eligible for finance with funds of the Rural
Development Project.
60 Alicja Majgier
6.2.2 Institution building in local and regional administration

The component covers the built-up of institutional capacity of the local and
regional administration through the finance of two projects that is the Institution
Building Programme and the Training Programme. The Institutional Develop-
ment Pilot Programme is implemented in the regional and local administration
units in the following powiats: lomzynski (podlaskie voivodships), myslenicki
(malopolskie voivodship) and gryfinski (zachodniopomorskie voivodship). The
Institutional Development Programme is expected to materially contribute to
modernisation of the internaIorganisation and an improved performance of the
local and regional administration through:
Refining the planning and strategic management skills of self-government,
including project management;
Implementation of the modern human resources management in the public
administration;
Improvement of the public service quality through development of adequate
standards, cost assessment and performance betterment;
Refining organisation structures and public administration procedures in terms
of strategic objectives;
Development of a modern system of communications with the inhabitants,
social organisations and the business sector; and
Identification and removal of the legal hindrances hampering operation of self-
government.
Particular attention will be paid to co-operation of varlous public administration
units, namely:
At the voivodship level, between the Voivod and the Marszalek (and their
respective offices);
Co-operation of peer units in powiats, gminas and voivodships in order to
jointly generate economy of scale effects; and
Co-operation across different levels of the local and regional administration
geared at an optimum co-ordination of effort and a proper.
Country-wide training programme for self-government officials, employees and
councilmen, focused on promotion of the management by objectives model.
Approximately 3000 persons will participate in the Training Programmes, con-
centrated on:
Strategic management;
Human resources management;
Project management;
Finance management;
Public service management; and

Sector management (education, environment protection, active employment
and technical infrastructure).
Beneficiaries
Local and regional public administration officers will be the direct beneficiaries
of the component. They will improve their skills through the participation in the
Institutional Development Programme or attendance of the training courses,
delivered under the Training Programme. However, it will be the clients of their
institutions who will benefit the most. Skilled personnel of the restructured
offices will handle issues more swiftly and in a true professional fashion.
The Project Team in the Ministry of Interior and Public Administration is respon-
sible for delivery of tasks of the component. The Team will receive support of the
team of consultants selected in a bidding process. The consultants, coming from
the Market Economy Research Institute review the institutional development
plans, drafted under the Project and propose amendment of legislation meant to
remove obstacles to improvement of management quality within the local and
regional administration. Two international consulting consortia have been con-
tracted to deliver the tasks, identified for the Institutional Development and Labour
Redeployment subcomponent. Voivodship Project Implementation Units are
responsible for enrolment of participants in the country-wide training programme,
whereas the PCU monitors and co-ordinates all tasks within the component.
6.3 Rural infrastructure

Among other things, development of a given area depends on the condition of
technical infrastructure therein. In order to attract investors, such an area needs
good roads, electricity, water supply systems and sewers. A weIl developed infra-
structure is fundamental to attraction of investors to rural areas, indeed a key for
their development. There should not be neglected the importance of the social
infrastructure and a living standards prevailing in rural communities, which
needs to be close to its urban equivalent. Scarce own funds and the drastically
reduced subsidies to investment projects over the recent years have boost the
number of the delayed investment projects, indispensable for further social and
economic development of rural areas. Therefore, the largest budgets under the
Rural Development Project have been allocated to the priority infrastructure
projects, which would otherwise still await the momentum.
Following projects will be subsidised under the component:
Water supply networks;
Sewers and sewage treatment facilities;
62 Alicja Majgier
Solid waste management projects; and

Gmina and powiat road projects.
On top of the financial support for investment projects, there will also be funded
the training programme for self-govemment at the powiat, gmina and voivodship
level. The training will focus on the market-oriented approach to management of
public funds and a more effective spending of these funds for finance of infra-
structure investment projects. The course and handouts will not only cater for the
needs of the Rural Development Project, but also satisfy requirements of SAP-
ARD and, in the future, handle procedures applicable to the EU Structural Funds.
Training courses financed under the Project will be run in all 16 voivodships, as
of the fourth quarter of 2001. Overall, at least 80 courses will be delivered
(between three and eight in each voivodship), for at least 3000 self-govemment
officials at the powiat, gmina and voivodship level.
Beneficiaries
Both the infrastructure project and training part of the infrastructure component
will cover all voivodships. The National Steering Committee have apportioned
proceeds of the Project, provided for infrastructure projects between voivodships
based on the following criteria:
Rate of unemployment in rural areas;
Hidden unemployment in rural areas, expressed as the number of persons, who
base their subsistence on income from farming;
Population of the rural areas in the given voivodship; and
Territory of the given voivodship.
Subsidies to the infrastructure investment projects are available to the following
self-govemment units: rural and mixed urban and rural gminas (except of the
towns of over 15 thousand population), urban gminas (of up to 15 thousand
population), registered associations of gminas, powiats (powiat roads only,
except of investment projects in towns of over 15 thousand population).
Rate of subsidies
The Project subsidises projects up to:
30% (water supply); and
50% (sewer, sewage treatment, solid waste management and the gmina and
powiat road projects).
The minimum self-govemment share is 30% of the total gross project costs; the
share may be contributed by the local community. Such financial arrangement
evidences community support and importance of the project for a given village.
Authorised self-govemment units filed applications for subsidies to infrastruc-
ture projects with the relevant Regional Branches of the Agency for Restructur-
ing and Modemisation of Agriculture. Upon their verification by the Regional

Branches of the Agency for Restructuring and Modernisation of Agriculture the
applications were furnished for evaluation to the Voivodship Project Develop-
ment Units and the Regional Steering Committee. The applications were evalu-
ated primarily against the criteria adopted by the Regional Steering Committee in
each voivodship, in consideration of the objectives set for the Rural Development
Project and the specific needs in a given region. In most cases, following criteria
were applied:
Expected number of the new jobs, created by the projects;
Social and economic condition of the given gmina, expressed in terms of the
average per capita income or the rate of unemployment;
Importance of the project for the social and economic development of the
region;
Self-govemment share in the project budget;
Joint initiatives of a few gminas, which satisfy community needs in a larger
area; and
Economic criteria: per capita cost of the project and the period of return.
Having evaluated the applications, Voivodship Regional Steering Committees
adopted ranking lists ofprojects. Out of 1682 projects on the ranking lists in 16
voivodships, 476 have been selected as eligible for finance under the Project. As
the new budgets become available (e.g. as result of savings on bidding or previ-
ously unutilised reserve), further projects grouped on the ranking lists will be
subsidised.
7. Rural Development Porgram in Lower Silesia Voivodship

Regional Steering Committee is made up of:
Members
Marshall of the Voivodship - President of the Committee
Voivode - Vicepresident of the Committee
Four representatives of gminas
Two representatives of powiats
Representative of Agricultural Chamber
Representative of enterpreneurs and employers
Two representatives ofMarshall responsible for RDP implementation
Representatives of non-government foundations and associations
64 Alicja Majgier
Observers
Representative of the Program Co-ordination Unit
Director of the Voivodship Project Implementation Unit
Director of the Regional Branch of Agency for Restructuring and Modernisa-
tion of Agriculture
Regional Steering Committee criteria
Criteria of applications evaluation were adpoted by Regional Steering Committe
in consideration of the objectives set for the RDP and Development Strategy for
Lower Silesia Voivodship:
I Project compliance with strategie aims 0/ voivodship: (max 15 points)

evaluation by: Voivodsbip Project Implementation Unit, Voivod-
ship Management, Agriculture and Rural Development Commis-
sion - on the grounds of "Strategy of Voivodsbip Development"
11 Foreseen economic effects of project realization: (max 20 points)

Project will contribute to job creation in already existed economic (max 10 points)
subjects - I point for each permanent job
Project will contribute to creation of new economic subjects - (max 10 points)
2 point for each new subject
III Social and economic meaning of a project: (max 10 points)

(Users: households are multiply by I; schools, public offices,
health centres, hospitals are multiply by 5; economic subjects are
multiplay by I + I for each 10 employees)
number of future users up to 49 opoints
number of future users from 50 to 99 5 points
number offuture users from 100 to 150 10 points
IV Margin investment costs of a projects (in PLN per I user) with ref- (max 5 points)
erence to average of all eligible applications in a given category:
more than 20 % lower than average
5 points
V Margin exploitation costs of a project (in PLN per I user) with ref- (max 10 points)
erence to average of all eligible applications in a given category:
up to 10 % lower than average
11-20 % lower than average opoints
more than 20 % lower than average 5 points
10 points
VI Project cofinancing by future users: (max 5 points)

1 point for each 1 % of total expenditures covered by future users
VII Amount of PAOW grant requested: (max 20 points)

1 point for each 1 % of the grant lower than maximum dona-
tion percentage:
50 % for water supply systems, sewage collection and treatment
facilities, solid waste management systems
30 % for rural roads
VIII Need justification of project realization: (max 15 points)

evaluation of RSC on the grounds of enc\osure
Applications in Lower Silesia Voivodship.

applications: number of applications total cost of total amount of
a11 invest- PAOWgrant
ments requested
in thousand in thousand
PLN PLN
total water sewage rural solid
supply system roads waste
systems
a) berore 80 17 25 36 3 164 727 64 221
verification by
RBARMA
b) after 54 12 16 24 2 98647 36009
verification by
RBARMA
Lower Silesia Voivodship in relation to the other voivodships
voivodship total amount of PAOW amount ofPAOW grant multiplier

grant requested received
in thousand PLN in tbousand PLN
dolnosillskie 64 221,11 4701 13,7
kujaw. ko-pomorskie 31080,06 13420 2,3
lubelskie 92 915,43 17679 5,3
lubuskie 28 197,64 6575 4,3
16dzkie 77002,90 13 803 5,6
-malopolskie 77 230,74 16524 4,7
mazowicckie 97 879,38 14773 6,6
opol kie 20989,24 2604 8.1
podkarpackie 96423,63 20 353 4,7
podla kie 35396,21 12123 2,9
66 Alicja Majgier
pomorskie 48087, 18 10027 4,8

~ I ~kie 31 556,92 3707 8,5
swicctokrzyskie 63051,98 18483 3,4
warminsko-mazurskie 44 177,82 14050 3,1
wielkopolskie 40 282,64 9220 4,4
zachodniopomorskie 23323,3 1 8719 2,7
average for Poland 54488,51 11673 4,7
Projects, subsidised in the Lower Silesia Voivodship

Location Investment
Gmina Ktodzko Construction of the sewage system in Krosnowice
Gmina Strzegom Construction of the sewage system in Stanowice
Gmina Mysfakowice Construction of the water supply system in Myslakowice
Gmina Kllty Wroclawskie Local road building in the Brzozowa, Lipowa, Modrzewiowa,
Bukowa streets
Gminaotawa Construction of sewage system for localites: Gae, Chwalibozyce,
Osiek, Niemil, lankowice Male, Psary, Maszk6w
Gmina Twardog6ra Modemization of the Poznanska and Krzywa street, part of road
Gmina Stronie Slllskie Construction of a water supply system Nowa Morawa - Stronie SI
Public access to information on the environment
and environmentallaw implementation -
the new legislation in practice
Tadeusz Triziszka
1. Introduction
Polish political and economical transformation, begun in 1989, has been creating
a modem society, which aspires to become a member of the European Commu-
nities. However Polish democracy is still young and developing our state is
becoming more and more citizen friendly every day. Completely new mecha-
nisms and values have risen during last years. Freedoms of speech, thought,
assembly and of course freedom of information has appeared there. Polish reality
is becoming greener and greener every day. Ecological fashion is more and more
popular regardless of political situation. Our European aspirations and signed
international agreements and treaties have generated completely new legislative
demands. Poland has some political commitrnents followed from Principle 10 of
the Rio Declaration on Environment and Development stressed that "environ-
mental issues are best handled with the participation of all concerned citizens, at
the relevant level" and The UN Convention on Access to Information, Public
Participation in Decision-Making and Access to Justice in Environmental Mat-
ters ("Aarhus Convention"). Relations between Poland and European Union spe-
cially declared in Articles 68 to 70 of the Europe Agreement have initiated proc-
ess of approximating Polish legislation with the acquis communautaire.
Regarding environmental information matters, adoption process concerns Coun-
cil Directive 90/313/EEC on freedom of access to information on the environ-
ment.
All mentioned examples of "soft and hard law" are adopted for better environ-
mental protection actions, especially at locallevel, and actually they have a sim-
ilar common principles. Better information transfer and exchange among stake-
holders stimulates greater awareness about the environment and what can be
done to conserve and protect it. Information access initiates stakeholder aware-
ness, which is the main precondition to improve environment. This is a "cause-
effect relationship" , very important and necessary for development of modem
and sustainable country. Poland also expands and improves the system of public
right for access to environmental information.
The general regulations on the environmental information are defined in the Con-
stitution of the Republic of Poland adopted by the National Assembly on 2nd
April 1997 published in Dz.U. 1997 nO.78 item 483. Article 61 (1) and (2) makes
the general principle of freedom access to public information:
68 Tadeusz Triziszka
"1. A citizen shall have the right to obtain information on the activities of
organs of public authority as weil as persons discharging public functions.
Such right shall also include receipt of information on the activities of self-
governing economic or professional organs and other persons or organiza-
tional units relating to the field in which they perform the duties of public
authorities and manage communal assets or property of the State Treasury.
2. The right to obtain information shall ensure access to documents and entry
to sittings of collective organs of public authority formed by universal elec-
tions, with the opportunity to make sound and visual recordings."
Article 74 (3) refers to environmental affairs directly and makes the following
law:
3. Everyone shall have the right to be informed of the quality of the environ-
ment and its protection.
Poland signed Aarhus Convention and it is declared in act of 21 June 2001 on the
ratification of the Convention on access to information, public participation in
decision making and access to justice on environmental matters ( Dz.U. 2001
no.89 item 970). Current framework regulation was adopted by Parliament on 27
April 2001 as Act of Environmental Protection Law (Dz.U. 2001 no.62 item
627). Access to environmental information is developed in Title I (IV), which is
actually transferred from the first earlier Act of 9 November 2000 on Access to
Environmental Information and Environmental Impact Assessment (Dz.U. 2000
no.109 item 1157). Executive acts for mentioned framework law are following
regulations:
Regulation of the Minister of Environment of 23 February 2001 on the fees for
access to information on the environment and environmental protection (Dz.U.
2001 no.16 item 183),
Regulation of the Minister of Environment of 20 February 2001 on the defini-
tion of a format for the publicly accessible register of data on documents con-
taining information on the environment and environmental protection (Dz. U.
2001 no.15 item 164).
Polish legislation concerned to access to information is very young because it
was started on 1 January 2001. The newest Act of Access to Public Information
was adopted on 6 September 2001 (Dz.U. 2001 no.112 item 1198). Dur law prin-
ciples and specifics are generally common with international and European ones
and they are still developed. The following paper is a preliminary assessment of
this new system. Some results of questionnaires and author's investigations are
presented. Actually the most presented facts refer to the City of Wroclaw and the
Low Silesia Province.
Environmentallaw in practice in Poland 69
2. Theaim
Author intends to present some practical aspects of access to information system
functioning in conditions ofWroclaw and Low Silesia. Law studies and analyses,
in spite of their very interesting character, are completely omitted. Presented
material regards to:
the general environmental information,
information on the environmentallaw implementation.
There are some preliminary assessments and evaluations proposed by potential
system-users, which are the students of Environmental Studies. Short analyses of
official agencies, universities and NGOs activity are also presented. Finally,
author wants to present some Polish recourses available on the Internet.
3. Materials and methods

The results, which consider to the general environmental information, were pre-
pared basing on simple social research. The group of Agricultural University of
Wroclaw was investigated. Author knows, that presented results can not be
referred to the whole society but he believes that they shows, very wen, the opin-
ions of potential end users of the access to information system. Students of Envi-
ronmental Engineering and Environmental Protection had to prepare their own
semester projects about environmental issues in their towns and communes.
Access to information was an integral part of their work. After all they were
asked to fill some questionnaires in. That way they put evaluation of system con-
dition in public offices and departments. Their answers were being analysed and
presented below. Presented results are really hot and have just only preliminary
character and they could not be considered as professional statistical research.
Author also wants to present some issues about information on the environmental
law implementation. Actually only the newest Act of Access to Public Informa-
tion, adopted on 6 September 2001 (Dz.U. 2001 no.112 item 1198) has brought
some regulation of inforrning about legislative changes and proposals. Before 1
January 2002 no official administration was obligated to inform the society about
new regulatory projects. In spite oflack oflaw, in the year 2001 there were many
valuable initiatives, which provided and developed these aspects of environmen-
tal information. There are current events and actions driven by several official
institutions, which were led for better law changes understanding. Author has
analysed some public offices, media, universities, NGOs and commercial busi-
nesses to select those activities, which concern to environmental law courses,
trainings, and conferences etc. To obtain some research data, author made several
interviews and led a numerous correspondences. Huge part if data was collected
during author's every day work in the Agricultural University of Wroclaw.
4. Access to environmental information in the year 2001

in Wroclaw and Low Silesia
The total number of environmental students involved in experiment was 130.
Among them, about 18% declared they were from small towns (0+10 000 citi-
zens), 49% were from medium towns (10000+50000) and 9% form the big ones
(50000+ 100000). About 24% of students came from the city of population big-
ger than 100 000 people. All of them were asked to evaluate the level of access to
information. The general tendencies are shown on the pie chart below (Fig. 1).
very very
easy difficult
10% 5%
easy
26%
normal
38%
Figure 1. The general opinions about access to information
Presented data have a rather normal distribution; there not too many extreme
opinions and the serious amount of assessments are located in the average
regime. Almost 40% of students evaluated access to information as normal one.
About 5% of group have a really bad experience with geuing information but
from the other hand, 10% had completely no troubles with that. In several cases
the inquirers were obliged to submit some official application from university
authorities. More careful analyse of data distribution within every town group
shows some quite interesting trends. The easiest access to information was in
small town and the most difficult in the big towns. Additionally in big towns,
similarly like in cities, the highest normal level of access to information was
noticed. Of course amounts do not mean a good quality. The general opinions of
information quality are represented by pie chart below (Fig. 2).
very bad
very good 4%
8%
sufficient
34%
Figure 2. The general opinions about the quality of environmental information
Similarly to previous data, in this case we also have a rather normal distribution;
with not too many extreme opinions and with domination of average marks. Only
4% of students consider obtained information, as really bad and opposite it, there
are 8% who decided to evaluate their information as very good. Over 80% of stu-
dents declared their information were sufficient and normal. The worst informa-
tion was obtained in small towns and the best ones in middle towns. The most
valuable and rich information regards to water issues - over 60% of sufficient and
very good opinions. The next are wastes and air - over 40% of good assessments.
The information about ground and soil protection was notified as just normal
with almost 40% of average mark. Definitely the lowest quality of information
was noticed regarding noise control - about 20% of the worst opinions. About
37% of respondents declared that quality of information about legislation and
policy obtained from many sources was poor or very bad. Next 28% declared it
was just average. The sufficient and very good quality was marked by 35% of stu-
dents.
General portion of information was collected from administration and other offi-
cial institutions but diagram, presented below (Fig. 3), shows completely differ-
ent sources of information - media and trainings.
others
trainings __-r"'_
7%
11%
28%
television
17%
Figure 3. The popular resourees of environmental information
The most respondents used Internet and press sources. Actually these media have
also the best available marks. Almost 65% of student pointed sufficient and very
good quality of Internet information. Press was evaluated as good source by 30%.
The really poor opinion was on television and radio. About 50% (regarding
radio) and 30% (regarding TV) marked that quality of broadcasted environmental
information is very bad. It is a litde bit strange result regarding material presented
in second part of paper.
Finally, students were asked to assess, as objectively as they could, their own
knowledge of the access to environmental information law. They were also to do
the same in the case of clerks and any office worker they met during a project.
Generally results are very similar. About 9% of students pointed that clerks were
unprofessional and they had not known any law, 48% decided that servants knew
the law at average level. The highest marks of very good knowledge were made
by 6%. Regarding themselves 6% affirmed their completely ignorance, also 6%
declared they were very good at this skill. The rest of students took a normal posi-
tion.
Please notice, that all presented data cannot be referred to whole society and
results, discussed in this part, show private opinions of small group of environ-
mental students.
Administration
Polish Access to Information Law makes the official administration responsible
for informing society on the environmental matters. Access can be "passive" and
"active". Generally local and governmental authorities commonly use "passive"
way and it regards mainly to files of administrative decisions. In Wroclaw there
are 2 official institutions obliged to provide some environmental monitoring and
to lead "active" form of informing. They are: The Low Silesian Inspectorate of
Environmental Protection (http://www.wroclaw.pios.gov.pl) and The Low Sile-
sian Statistical Office (http://www.stat.gov.pl/urzedy/wroc/index_eng.htm).
These institutions are on duty to publish environmental reports and yearbooks. In

buildings of regional Inspectorate and Statistical Office there are libraries with all
available information. Inspectorate additionally organizes school lessons, lec-
tures and multimedia sessions for visitors. All annual environmental information
is available in three forms: hard copy, CD-ROM and Internet database. "Agricul-
ture in Dolnolskie Voivodship in 2000" and "Environmental protection and for-
estry in Dolnoslaskie Voivodship in 1999-2000" yearbooks were published by
Office in 2001. Inspectorate made "Report on Environmental Condition in Dol-
noslaskie Voivodship in 2000" (http://www.wroclaw.pios.gov.pl/publikacje/rap-
ort). The web sites of Inspectorate seem to be the most interesting and valuable
resource of local information on line.
Universities and research centres
ActuaHy every university in Wroclaw, with environmental faculty, have at least
one course of elementary environmentallaw and policy or economy but the spe-
cial postgraduate course of "Environmental Protection Law" is realised only at
the University of Wroclaw. About 40 graduates finish this part-time course every
year. Currently, 3rd edition is provided. Whole study programme consists of 19
different units, which regard to every aspects of environmental protection i.e.
basic and elementary law problems, terminology, constitutional frameworks,
internationaliaws, nature conservation, water law, spatial management, civillaw,
air and soil protection, waste management, procedural and administrative issues
and many others. All subjects are referred to current international and European
policies and legislations. Lectures consider to the newest trends and approaches
in environmental protection law (lPPC, BAT etc.). Regarding implementation
process, this academic course shows every change immediately and profession-
ally. Lecturers are both from academic and practical sector. They are really weH
known experts and professionals. Course is addressed to teachers, trainers, work-
ers of the environmental administration and private corporations. It is very inter-
esting offer for everyone who is reaHy curious about environmentallaw.
Institute of Law Studies of Polish Academy of Sciences has a local Department
of Legal Aspects of the Environment in Wroclaw. The activity of Department
mainly concerns to basic research. Institute organizes interdisciplinary research,
comparative law research, empirical research and others in cooperation with
national and foreign scientific institutions. It cooperates within the framework of
international institutions, mainly with respect to the Polish law, foreign law and
international law, with special highlight of the integration of Poland with the
European Union. Department assembles people who had started very valuable
initiatives connected with environmentallaw information.
Non-governmental organizations
Researchers connected with institutions mentioned above and group of law users
founded Polish Environmental Law Association, which is very active from over
15 years. The main objectives of Association are: co-deciding in law and policy-
making, environmental law and policy popularisation. It's being achieved by

publishing, scientific conferences and trainings, consulting and advising. Asso-
ciation patronizes to Environmental Proteetion Law Publishing, which published
over 40 books and monographs and is responsible for quarterly publication titled
"Environmental Proteetion - Law and Policy". Association have also commer-
cial and financial body: Ecological Consulting Bureau.
Another very active NGO in Wroclaw are Environmental Law Centre (http://
cpe.eko.org.pl) and strongly connected with them - The European Eco-Centre
(http://www.ecp.wroc.pV). They provide their activity on several fields: law con-
sulting, advising and legal evaluating, especially connected with implementation
issues. They take part in law making process, organize conferences, trainings and
also offer publishing. Centre service is addressed to alilaw end-users: business,
administration, NGOs, students etc. They co-operate with Polish Parliament and
Senate, Ministry of Environment and governmental and local authorities. Inter-
national co-operation is also very rich: UNEP, European Commission, Regional
Environmental Center in Szentendre, Environmental Law Institute in Washing-
ton, Eco-Institute in Darmstad, American Bar Association CEELI and many oth-
ers. The list of books and monographs published and conferences organized by
Centre is really impressive (available on homepage) and makes this NGO the
most interesting organization in the Low Silesia.
The last interesting Wroclaw NGO is Lower Silesian Foundation of Sustainable
Development (http://www.eko.org.pl/dfe) with their environmental vortal
"Green Gate" (www.eko.wroc.pl). On this website you can browse environmen-
tallaw guide, which is very interesting and useful commentary with exhaustive
interpretation of access to information regulatory (http://www.eko.org.pl/prawo).
Internet and television
Living in Wroclaw one can obtain environmental data from official institutions,
on academic lectures or training organized by NGO, as described above. There is
also one, addition way of getting information - media. Author wants to present
short brief on environmental issues on Polish net and public TV.
Selected Internet resources concern mainly to law implementation services and

they are provided by official sector. There are a lot of commercial sites or mas-
tered by some NGO, the amount of that is really impressive. Generally (with
some exceptions) in this article they are not presented. Whole Internet informa-
tion current could be divided into available in "passive" and "active" way. Pas-
sive means "not automatie", user is to find information by browsing the web.
Websites of Ministry of Environment are leading at the central level
(www.mos.gov.pl). Regarding legislative issues one can find pages about Aarhus
Convention, texts of Legal Acts (in Polish only), governmentallaw proposals,
commentaries, explanations and separate sites regarding to Enlargement matters.
About environmental chapter of negotiations you find out more from pages of the
Main Negotiator (http://www.negocjacje.gov.pl/okpr/okprlO.html). Next very
interesting and rich resource is the website of Inspectorate of Environmental Pro-

tection (www.pios.gov.pl) with many links (also to Low Silesian Regional
Inspectorate described earlier). Regarding purely legislative site, it is valuable to
browse the Parliament net-zone (www.sejm.gov.pl) especially its chancellery.
There are huge *.pdf database of every legal acts since the year 1918 - Legal
Information Internet System (http://isip.sejm.gov.pllPRAWO.nsf?OpenData-
base). Also stenographic records ofParliament session, law proposals, commen-
taries, legislation process and official prints are available (http://
www.sejm.gov.pVwyszukiwanie/szukaj.html). Direct access to environmental
issues in Parliament one can find through the sub-site of Environmental Commis-
sion (http://orka.sejm.gov.pVSQL.nsf/pracekom4 ?OpenAgent&OSZ). Their
whole activity is presented with many official documents, proposals, explana-
tions and bulletins. At centrallevel very interesting service is provided by Insti-
tute of Environmental Protection titled "Index of the Polish Legal Acts on the
Environment" (http://www.ios.edu.pVcgi-binla_plen.cgi?EN). which contains
the acts currently in force and international environmental agreements. At
regional level some institution have also own homepages; Marshali (http://
www.umwd.p1/); Governor (http://www.uwoj.wroc.pl); City Authorities
(www.wroclaw.pl). All ofthem execute the public access to information in many
ways such EIA announcements, Official Journals or Environmental Reports and
Documents. On network there also many commercial sites with lot of more or
less valuable information. Among them 3 seems to be really interested:
www.Ekoinfo.pl; www.Atmoterm.pl and www.prawoeuropejskie.pl (Ernst&
Young Poland). They offer "active" Internet information in form of free e-mail
bulletin. All you need is to register yourself in mail list using any web browser.
After that you will receive weekly or periodically updated newsletter. The main
information concerns to law changes and adoptions. Ernst&Young, for example,
is only about European Law. There are also announcements about conferences,
trainings, publications connected with legislative problems. Beside this you can
find the general environmental issues such reports, news, business information
and others. By Public Opinion Research Centre about 8 million Polish people
declared they are net users or they have easy access to network (http://
www.obop.com.pVinternet/2oo109komunikaUnterbus_IE3.html). Only 5% of
population marked they had browsed govemmental websites (OBOP). In more
developed countries this value is up to 26%. So, it shows that Internet, in spite of
very rich potential, is not a really public and every available resource of informa-
tion. Television has a much bigger and stronger influence. There is some infor-
mation obtained from Public TV (Programme 1, 2 and regional) on author's
request. In the last year 200 1 Public TV broadcasted such, most important, sort of
environmental information:
Programme 1
"Wielkie sprztanie" (Big Cleaning Up) - documentary series (2/month), which
included such items like: problems of water saving and water pollution in rural
areas; ecological awareness of rural areas and small towns citizens, impact of
water quality on food and health; animal treatment in households and shelters
problems; problems of toxic wastes pouring and contaminated arable lands;
tanker leaks water polluting; renaturalisation; transboundary transport of nuclear
wastes; ecological transport system in Europe and Poland; bicycle promotion;
nature conservation and natural ecosystems damaging; role of trees and middle
field shrubs in natural habitats conservation; "Clean Up the World"; ecological
agriculture versus Polish authorities; report of Polish Environment.
''Po pierwsze rodowisko" (Environment the first)- documentary series (2/
month) about NGO's activity and their impact on administrative decisions; rela-
tions between man and animal; idea of hunting; ZOO functioning; city - natural
habitat of human being; food tradition, explanation of basic ecological vocabu-
lary and eco-terms; timber - ecological clean resource; "Green Lungs of Poland" .
"Naturomania" - the weekly live blocks in Educational Television of idea of
environmental protection promotion, presentation od beauty of nature, natural
resources, discussions with ecologists and researchers, problems publicising ...
Public Television is used to organize special thematic days in Studio. Last year
such special days were dedicated to "Clan Up the World" action and International
"Earth's Day"
Programme 2
- "Arka Noego" (Noe's Are) (the weekly) - eco - educational programme
about environmental protection and animal treatment.
- "Proton" - (the weekly in first half year) popular science programme about
ecology, landscape conservation and proecological attitudes developing and
"Krajobraz Polski" (Landseape of Poland) - ("Proton" continuation in sec-
ond half year).
Wroclaw Regional TY
- "Wielka ziele" (The big green)- 25 min cycle about nature, ecology and ani-
mals.
- "Europa w zagrodzie" (Europe in yard) - 25 min cycle about citizens of
rural areas and farmers' problems, agrotourism issues in context of integra-
tion.
- "Europa tu" (Europe here) - 25 min cycle also about environmental issues
of accession process; programmes of environmental protections zones, eco-
tourism, rivers, water deficit, electricity.
- "Poza miastem" (Out of City) - about people, who want to live closer to
nature.
- "Zbiorniki reteneyjne" (Water storage reservoirs) (Reflektor series) -
functions of reservoirs: flood control, power plant and recreation.
- "Ochrona lasow polskich" (Polish forests conservation) (Reflektor series)

- as in title
- "Ostatnia Puszcza" (Last Forest)- monograph of the last natural primeval
European forest - Puszcza Biaowieska,
- "EKO sygnay" (ECO signals) (in Weekend, weekend cycle) - ecological
actions in region.
As one can see there was quite big amount information of proper quality. Maybe
Public TV should put a little bit more efforts on it, but obviously, it can be said
that TV is completely not interested in environmental issues. Comparing to com-
mercial stations, Public TV's attitude towards environmental problems is defi-
nitely praiseworthy.
5. Conclusions
Material and data presented above and private opinions of every stakeholders
permit to express some preliminary conclusions about access of information sys-
tem in Low Silesia. Of course following attitude is completely subjective and
should be discussed carefully in the future.
Whole system is new and not well implemented in every sector yet; some insti-
tutions are still completely not prepared for functioning;
Administration has to develop system of information more intensively; in
some institutions there's no documents register, yet!
The barrier is lack ofmoney, but good will and intentions could be very impor-
tant and useful; the clerks have to start new acts study immediately;
There a lot of way to get good law knowledge in Wroclaw, both at academic
course and at professional trainings;
Internet and Inspectorate of Environmental Protection are the best public
sources of information;
Internet can't be the only way of information distribution; 5% of governmental
information end users it is too little;
Public TV is powerful tool, which can be used in environmental matters more
efficient.
6. References note and acknowledgments

Every source of materials used in following paper is located in brackets in a text
body. Thanks for all interviewed administrative clerks and NGO workers. Special
acknowledgments to Joanna Nowocien (Public TV) for help and report.
Development of ecological farming in Poland,
other trends in food production
and their prospects within the EU market
Szymon Szewranski
1. The development of eco-farming and eco-food markets

Ecological farming is elosely linked to sustainable agriculture, not only in eco-
logical aspects, but also connected with economically viable practices and social
needs. It is thought in terms of environmentally positive food production con-
cerned with quality of life. It responds to the demand for safe food obtained from
natural resources, protection of the soil and resources, healthfulness of plants and
animals [Sotysiak, 1993; Komornicki & Lorentz, 2000].
Strict control and monitoring of eco-farms is a necessity in order to make the
farmers obey the rules and meet the requirements.
The history of ecological farming dates back to the 1920s and 1930s, when two
independent trends were outlined in West-European countries (Germany, Swit-
zerland and Austria) - one by a Swiss, Hans Mueller (1891-1988), the creator of
organic and biological agriculture, the other by Rudolf Steiner, the creator of bio-
dynamic agriculture, who lived in Kobierzyce, Lower Silesia (1861-1925).
The development ofboth the organic-biological and biodynamic agriculture was
a response to the degradation of agro-ecosystems. The creators, Hans Mueller
and Rudolf Steiner expressed their concern about potential threat to farmland and
rural areas resulting from extensive interference in the ecosystems [Bechmann,
1993; Soltysiak, 1993].
The major objective of sustainable agriculture is to increase food production in a

sustainable way, that is with full respect to environmental, economical and soci-
ological aspects. Monitoring and optimal use of local conditions and resources in
such a way that the circulation of the organic matter and nutrients (with no impact
of externalities) becomes a elose system is the goal to be achieved [Bechmann,
1993].
The first scientific conference dedicated to the issues connected with sustainabil-
ity in agriculture was organised by IFOAM (International Federation of Agricul-
ture Movements) in Sissach (Switzerland) in 1977. In later years, especially in
the 1980s, the concept of sustainable agriculture was extensively discussed and
examined, inelusive of ecological, economic and social aspects.
In 1991 FAO and the government of the Netherlands gave their support to organ-
ise a conference on Sustainable Agriculture and Rural Development, the result of
80 Szymon Szewranski
which was Den Bosch Declaration on natural resources management, technolog-

ical practices and institutional building in agriculture and sustainable develop-
ment.
Sustainable development in agricultural, forestry and fishery sectors aims at pro-
tection of soils, waters, plants and animals, minimizing degradation of the envi-
ronment, ensuring the development of appropriate new technologies, profitabil-
ity and social approval [Soltysiak, 1993].
In the 1990s ecological agriculture rapidly developed in all European countries.
At present, 2% of farmland and 1.5% of rural households in EU member states
are referred to as eco-farms. The leading countries which can boast of eco-farm-
ing are: Lichtenstein (17% of farmland), Austria (20 000 farms which account for
9% ofthe total number) and Italy (43 000 of eco-farms on 5.3% offarmland). The
world leaders in ecological farming are: Australia (1.7 mln ha), Canada (1 mln
ha) and the USA (900 000 ha) [Komomicki &Lorentz, 2000].
The demand for ecological food products has also been steadily increasing, e.g. in
France by 25%. Producers seIl their products directly on their farms, have their
products delivered to consumers' hornes and also to supermarkets. In the USA,
over 20% of consumers buy organic food. The results of the study carried out in
Perth (Australia) in 1998 showed that 80% of the population was ready to buy
ecological products, providing there was easy access to such products. The EU
member states have become major importers of ecological food products with
appropriate certificates and labels. This chance has also been given to Polish
farmers, whose interest in getting the certificate is constantly growing [Cichocka
& Pieczonka, 2001].
The interest in ecological farming in Poland started in the 1980s, but its develop-
ment was rather slow, although in the early 1990s ecological farming in Poland
started to be treated as a new method of farming rather than a philosophical con-
cept.
In 1999 Poland had 555 certified ecological farms (11 000 ha of farmland), i.e. 3
promille of the total number of farms, as compared to 479 certified ecological
farms in 1998. It is worth noting that the growing tendency has been maintained
[Komornicki & Lorentz, 2000].
There are three associations in Poland with membership open to ecologically ori-
ented farms and organisations:
EKOLAND - Association of Ecological Food Producers
LUB-EKO - Association of Ecological Farmers (with headquarters in Lublin)
ROL-EKO Ltd. - Agro-Eco Consulting, an umbrella organisation for the Eco-
logical Society of Radzan6w.
The development of ecological farming in the world is not only a result of incen-
tives, such as quotas for farmers, but also market development for a wide variety
of ecological products, marketing, and, subsequently the increasing number of
Ecological food production in Poland for the EU market 81
consumers willing to buy such products. According to the latest reports, the turn-
over of ecological foods amounts to 6 billion USD in EU, 4.2 billion USD in the
USA and 1.2 billion USD in Japan. The sales of ecological food in the whole food
branch in Europe accounts to 1.5% (2.5% in Denmark) and the tendency is stead-
ily growing, by up to 40% in Great Britain, Switzerland, Sweden and Denmark.
Ecological products in the majority of countries are available and commonly sold
in ordinary foodstores. In Italy, Germany and France there are also groceries
specialised in selling ecological food products. In Austria, Great Britain, the
Netherlands and Switzerland people can buy ecological food also in supermar-
kets, that is places most commonly visited by food buyers [Komornicki &
Lorentz, 2000; Metera, 2000; Liro, 2000].
The percentage ofPolish ecological food products on our domestic market is very
low. Even certified products are sold as conventional foods, however, shop own-
ers are interested in attracting their consumers with fresh vegetables, fruit, dairy
products and bread. Farmers sell their products on farms and green-markets, or
deliver them to their customers' homes.
Export of Polish ecological food products has just started to develop. There are
only a few exporting trade groups fruit (especially blue and red-berries, strawber-
ries and wild-growing fruits) destined for processing. The reason for underdevel-
oped export of ecological food products from Poland is a small number and
small-sizes of ecological farms in our country [Komornicki & Lorentz, 2000;
Metera, 2000].
1.1 Perspectives of ecological products consumption

The motives for buying ecological food declared by the consumers in the surveys
carried out in several European countries were similar. The priority was mainly
health of the individual and their farnily (94% in Poland), followed by environ-
mental concern (66%) and palatability of ecological products (58%). Ecological
food is particularly popular with urban dwellers, graduates of at least secondary
schools or universities, declaring good financial status. Besides, the results of the
surveys show that almost half the surveyed would not object to paying higher
prices for ecological food. The highest (72%) was the percentage of those ready
to pay 10% more, while 20% ofthe surveyed would agree to pay even 25% more
for ecological than traditional food products. This means that the price is by no
means the crucial barrier of the demand for food products [Komornicki &
Lorentz, 2000].
The results obtained in the studies carried out in Poland show that there is a ster-
eotype among young pupils in secondary schools and university students, which
makes them believe that ecological food is free of any chemicals and other sub-
stances hazardous to human health. In addition, many young people believe that
ecological food is better because it is low-caloric, dietetic and vegetarian. Eco-
consumers can be divided into 2 groups: those who grow their own vegetables
and those who do their shopping in the stores selling ecological food. To the first
82 Szymon Szewraitski
group belong mainly rural dwellers, pupils of secondary schools and those com-
ing from low-income families. The other group consists mainly of young urban
society, students in their final years of study and young people whose family
income is high. Young females indicate such advantages of ecological food as:
safety, high nutritive value, and environmentally-friendly packaging, while their
male peers, especially those living in cities are more sensitive to advertising and
slogans. These are marketing factors that may prove to be efficient in attracting
young people to buy ecological food and focus their attention on eco-consump-
tion [Cichocka & Pieczonka, 2001].
In order to achieve success on the market, it is important to guarantee the con-
sumers that the food products they are offered will meet their expectations. It is,
therefore, important to have anational certification system based on the Ecolog-
ical Farming Act, in compliance with acquis communitaire of the European
Union. The domestic market can develop better and faster provided that legal reg-
ulations are introduced and the food quality control system guarantees food
safety to the consumer. The unification of law, quality assurance and institutional
building in line with EU standards are major factors that must be taken into
account if Polish exporters want to seIl their food products to EU member states,
associated countries and CEFTA.
It is worth noting that social aspects of sustainable agriculture are still underesti-
mated in Poland. It is obvious that integration of Poland into EU will bring about
necessary changes and a number of rural dwellers will have to give up agricul-
tural production in favour of non-agricultural sources of income. Since ecologi-
cal farming is more labour-consuming than traditional farming and bearing in
mind the fact that the demand for ecological food will be growing, it seems quite
likely that this will be the way to keep employment for some rural dwellers, espe-
cially women, who will take on jobs in agrotourism, regional traditional food
processing and sales of food products, attracting in this way holiday makers in the
countryside. This policy of employment has been accepted in EU, as it is in line
with multifunctional rural development [Komornicki & Lorentz, 2000; Metera,
2000; Liro, 2000; Wawiernia, 2001].
2. Quality of life and food safety

The major objective of sustainable agriculture with regard to socio-economic
aspects is to improve the quality of life today, so that natural resource manage-
ment and environmental protection will also serve weIl the future generations.
Food quality is a major environmental factor indicated by the World Bank in their
conception of "Sustainable Development" that direct1y affects both the living
standard and human health. Food is of particular importance, as it is indispensa-
ble to human body for physiological reasons, but consumed according to individ-
ual, social, material and also spiritual needs and beliefs [Gibaszewska, 2000].
Food quality and human diets have an impact on the health of individuals, the
whole societies, physico-psychological condition, resistance to diseases, the
immune system and life-expeetaney. For these reasons, when human needs in this
respeet are satisfied, people are also positive about the quality of life [Gibasze-
wska, 2000].
The term "food quality" refers to food appearanee, sensorie value (texture and
flavour), suitability for use in proeessing and eommereial value of the produet
(shelf-life, eondition due to transport and handling, suitability for storage). Food
quality is also associated with the nutritional value and ehemical eomposition of
the produet, eonsequently eonneeted with bioehemieal proeesses.
The meaning of food quality today, when modem, advaneed teehnologies are
used in food industry, is of partieular importanee. Similarly to farming praetiees
and erop yields, the value of the finished produet is evaluated in eeological terms
(whether or not the produetion is environmentally friendly), with respeet to ethi-
eal value (whether or not non-permissive praetiees or ehemieals have been used
for eeonomie benefits), social expeetations, adequate resouree management and
environmental proteetion. Moreover, the political aspeet is assessed (whether the
demand for the produet is not dependent on e.g. neoeolonialism) [Gibaszewska,
2000; Trziszka, 2000].
Reeent aehievements and dissemination of the results highlighting the relation-
ship between low quality food produets and inereasing number of diseases
eaused by polluted environment have improved people's awareness of food
safety and also its interaetion with eeologieal safety [Gibaszewska, 2000].
Today, eonsumers are eoneemed about food safety, sinee it is eonsidered to be the
equivalent of healthy food [Sotysiak, 1993]. The funetional relation between
nutrition and health seems to be of erucial importanee in defining healthy food.
Healthy food eombines sueh qualities as: nutritional and sensorie values, and
above all, guaranteed high biological value and safety.
Proteetion of healthy food produets and food safety requires legal regulations
eomprising the entire eycle of produetion, starting from raw materials, through
produeers and manufaeturers, ending up with the eonsumer.
Aeeording to WHO, food and nutrition poliey is a eohesive system of goals and
aetions aiming at ensuring health through aeeess to safe food produets.
So far, the term "safe food" has not been unanimously defined, but it is well-
known that it includes several eomponents and differenees in threat gradation.
In literature, food safety is synonymous to healthiness and it is measured with ref-
erenee to: nutritional value, physical, ehemieal and mierobiological eontarnina-
tion and sensorie value.
Food safety ean be determined by measuring food eontarnination with respeet to:
Type and number of ingredients
The presenee of heavy metals, pesticide residues, veterinary drugs, hormones
and their metabolites, radionucleides, ete.
Mierobiologieal eontamination
Physieal purity (the presence of foreign, solid substances or their fragments
[Sobolewska, 1996].
Development of new formulation and demand for food safety in the past has
resulted in elaboration and implementation of the following practices:
good manufacture praetice (GMP),
good laboratory practice (GLP),
hazard analysis critical control point (HACCP),
quality assurance practice (QAP).
The 4 methods mentioned above are in line with the models of quality assurance
aecording to ISO 9000.
It is worth noting that food safety requirements are also included in the Food
Code of FAOIWHO (Codex Alimentarius), and although their use in practice is
only recommended, in some countries they are mandatory [Sobolewska, 1996].
Although it is obvious that anlalysts, dieticians, toxieologists and other research-
ers have been very successful in their studies on the quality of food products and
foodstuffs, it seems justifiable to see the whole issue more widely, taking into
account also the systems of breeding and curing methods. It was Hypocrates
(470-377 B.C.), the father ofmedicine, who understood food consumption in this
way, saying that: "Foods can be medication and medication can be food".
The fitness and soundness of human body is a result of adequate diets containing
nutrients of high biological value, today known as exogenous regulators of met-
abolie proeesses. However, the observations carried out in the last decades have
proved that changes in food quality have often been causes of health problems
and many diseases referred to as civilization diseases. As has been proved, about
60% of the diseases is directly or indireetly eonneeted with nutrition. For exam-
pIe, life expectancy of farm animals fed coneentrated foodstuff containing syn-
thetic compounds is shorter and resistance to diseases is lower as compared to tra-
ditionally fed animals. According to Sotysiak [1993], the life expectancy of cattle
is reversibly proportional to the use of N rates in farming practices.
The phenomena mentioned above can be associated with soil degradation and
changes in agricultural technologies, such as decreasing biological value of food
products resulting, among other things, from the use of chemicals in agriculture.
Food contamination with chemical ingredients during processing, refining, and
preservation may be hazardous to human health and subsequently lead to the
development of civilization diseases. For example, in Germany annual eosts of
medical treatment of people suffering from diseases caused by improper feeding
diets amount to 100 billion DM and prove that both eating habits and diets of the
German people are far from satisfactory [Binder, 1993; Niederauer, 1994].
According to the data published by the American Food and Drug Administration,
an average inhabitant of a well-developed country consumes about 2.5 kg of
chemical compounds. The list of standard food pollutants is long - from heavy
metals through pesticides, nucleides, nitrates, nitrites, and finally metabolites, the
action of which still remains unknown, but as has been proved, they are a major
threat to human health [Sobolewska, 1996].
In recent years, the consumers have been offered genetically modified food
obtained with the use of genetically modified microorganisms. This type of food
is not accepted by over 70% of the German population.
Another issue, which still remains unsolved is connected with the use of such
ingredients as: sweeteners, dyes, aromas, emulsifiers, etc. Moreover, the use of
substituents for saccharose, such as cyclamates, saccharin or aspartame is ques-
tionable, considering their mutagenic activity [Oreszczenko, 1995; Sobolewska,
1996].
According to FAOIIEAEJWHO reports, irradiation of food - a method used for
prolonging the shelf-life does not have any harmful effects nor does it reduce the
nutritive value of food products. The results of studies show that the doses around
10 kGy do not decrease protein, carbohydrate and vitamin concentrations. In
spite of this, the reaction of consumers to irradiated foods is absolutely negative
[Diehl & Josephson, 1994].
The studies of food safety in recent years have also been concentrated on food
enrichment with natural ingredients, especially polyunsaturated fatty acids, vita-
mins, proteins and minerals.
In the USA, a significant increase has been noted in the consumption of food
products enriched with vitamins, fiber, macro- and microelements, and also nat-
ural antioxidants [Solan, 1995].
Recently, a new type of food products, referred to as functional food or nutraceu-
ticals have appeared and started to be used for medication purposes. Its popularity
has been growing for the last decades, which could be seen at food fairs and on
trade markets. Some attempts have been made to give a definition of this type of
food. One was presented in 1998 in Banf (Canada) during Food Symposium,
another one was presented by the Ministry of Health and Social Care in Japan
[Trziszka, 2000].
A nutraceutical- is a food product or its constituent which can be used for med-
ical treatment or prevention of a disease. Nutraceuticals are those foods that pos-
sess some specific functional properties, e.g. dairy products, some types ofbread,
cereal, fruit and vegetable products containing polyunsaturated fatty acids and
fish oils.
Functional food is beneficial for human health because of its ingredients com-
position based on the knowledge of interactions between food, its ingredients and
human health. Moreover, functional food is safe and improvement in health con-
dition is expected after its consumption [Heasman, 1997].
Functional foods can additionally be enriched with natural aromas and other sub-
stances improving their organoleptic value and functional properties.
In Europe, it is the method of hazard analysis critical control point (HACCP),
which is in line with EU Directive 93/43 of 14 January, 1993 that ensures food
quality and safety. Since 1995 it has been in force in EU member states, so for
food producers and manufacturers in those countries must meet the requirements
[Sobolewska, 1996].
The integrated system of quality control according to ISO 9000 and HACCP
seems to be an effective tool for food quality assurance, which has been taken up
by food companies not only in EU member states, but also other countries in the
world to help control the food production process.
HACCP is usually part of a wider quality assurance program, which means find-
ing out where the serious problems occur or may occur, monitoring these steps,
so that it is known if there are problems and fixing any problems that arise. In this
way, HACCP will increase employment and education and training costs, but this
will be beneficial for the consumer, considering food quality and safety assurance
[Sobolewska, 1996].
It is worth noting that there is growing interest of researchers in functional foods.
In 1993 the financial support for research projects in this field came from of food
companies (55%), pharmaceutical companies (35%) and biotechnological indus-
try (93%) [Rutkowski, 199; Janicki, 1999; Kozowska & Troszczyska, 1999].
Both the food safety and nutritional value of the products are taken into account
when health aspeet is assessed. The two qualities are more or less eonnected with
mierobiological quality of food, shelf-life, sensoric acceptance and dietetic value
(Fig. I) [Kooyn-Krajewska & Libudzisz, 1999]. From mierobiological point of
view, food safety is measured with regard to the presenee of pathogenic and toxie
microorganisms and their quantities in food products.
MICROBlOlOGICAL QUALIlY OF FOOD PRODUCTS
Figure 1. Microbiological quality evaluation of food products

Summing up, the complexity of the issue connected with health of communities,
with regard to food safety, should be considered with respect to:
1. Chemical contamination with toxic substances,
2. Microbiological contamination.
When either type of contamination mentioned above is revealed, it seems obvi-
ous that some errors must have been made during the production cycle, or it is the
dishonesty of the producer or manufacturer that has caused the problem. This
often leads to the occurrence of moulds and mycotoxins (foods of plant origin)
and trichinosis or infectious diseases (animal food products).
Food safety is closely connected with antioxidative potential. As has been
proved, the antioxidative capability of serum and many mammalian tissues is
highly correlated with antioxidative potential (Fig. 2). Similarly, the results of
extensive epidemiological studies also indicate a high correlation between die-
tary habits and aging diseases, including cancer. The presence of antioxidants in
food products can delay or even prevent the occurrence of these diseases.
The antioxidative defense system in a human being is the strongest, hence the
longest is life expectancy of people. For this reason, it seems quite obvious that
people should care what they eat if they want to live longer. There are many pos-
sibilities to improve peoples' diets [Macura, 1999]. It is very important to have
food containing such antioxidants as: carotenoids, tocopherols, ascorbates, flavo-
noids, phosvitin, etc. In well-developed countries, where life expectancy is long,
a lot of attention is directed to the presence of these compounds in food products.
Antioxidants are also very important in prevention of human and animal diseases.
20
Z
;:;:
0:
Cl '5
~
...J

~ '0 Other mammals
!t
f-
~
Z
0
~ 5
"~Ir
0
X
0 Human being
0
0 20 40 eo 80 100 '20
LlFE EXPECTANCY [years]
Figure 2. Life expectancy of mammals is closely related to antioxidating potential of brain

and other tissues [Macura, 1999]
3. Ecological food - a chance for extensive farming

Ecological food has gained its popularity due to the increasing awareness of the
communities and knowledge about the importance of adequate selection of foods
for consumption. In order to satisfy consumers' needs, ecological food producers
tend to minimize the level of contaminants, although it has to be admitted that at
the moment we can hardly talk about natural foods free of any residues of chem-
ical substances.
Food products obtained with the use of natural ingredients are high quality prod-
ucts, which is extremely important now, when such a wide array of other products
is available on the market. The consumers already know the difference between
, for example, vegetables grown by conventional methods and those grown on
fields with ecological certificates.
Natural food is not only safe, but also healthy, as it is high in fiber and other nutri-
ents indispensable for human health. It is important that natural food products
meet the following requirements:
The processing technologies used during manufacturing are limited to disinte-
gration, heating and preservation with no addition of synthetic and chemical
substances, therefore, free of any chemical ingredients.
The contamination of food is minimized and the products come from certified
eco-farms.
Effective technologies are in agreement with sustainability. Energy-based
chemical inputs are minimized. All necessary measures are taken regarding
animal welfare (no mass production, or long-distance transportation).
Social criteria are taken into account, which means that imports of foodstuffs,
intensified production and the use of conventional industrial technologies are
not acceptable for ecological farms. Production of natural food products is a
chance for small farms in Polish agriculture.
Monitoring and control of food producers and manufacturers is a necessity
required from certified companies.
The holistic nature of food products is of significance for healthy societies.
The technologies used so far have been more oriented towards profitability
than proficiency. It was the quantity not quality that predominated in food pro-
duction industries [Binder, 1993].
4. Basic principles of food products development on the

European markets
Food quality assurance required by European Union is targeted on:
1. Assurance of public health and safety
2. Assurance of free trade of food products on domestic market
3. Law based on scientific results
4. Risk considered in international aspect
5. Producers, manufacturers and transportation companies to obey the system of
HACCP
6. Development of monitoring and control system by all food producers in aspect
of healthy and safe food.
It is very important that the law must be cohesive, rational, logical, simple and
user-friendly and it must comprise the whole chain of food production, that is
"from stable to table" [Trziszka, 2000].
References
1. Bechmann A. 1993; Rolnictwo ekologiczne-owoc XX wieku, W: Rolnictwo ekologic-
zne od teorii do praktyki. Stowarzyszenie Ekoland, Stiftung Leben und Uniwelt,
Warszawa 13-22.
2. Binder F., 1993: Jako ywnoci. W: Rolnictwo ekologiczne od teorii do praktyki. Sto-
warzyszenie Ekoland, Stiftung Leben und Uni welt, Warszawa 13-22, 201-210.
3. Cichocka I., Pieczonka W. 2001: Ekokonsurnpcja i niekr6re jej uwarunkowania wr6d
modziey szkolnej i akademickiej. ywno 3, 28,108-123.
4. Diehl J. F.Josephson E.S., 1994: Assesrnent ofWholesomeness of irradiated foods (Are-
view), Acta Aliment. 23, 2, 195-214.
5. Gibaszewska A., 2000 rodowiskowe uwarunkowania jakoci produkt6w rolnych. Prob-
lemy Ekologii 4, 2, 75-78.
6. Heasman M., 1997: the regulation of functional foods and beverages in Japan. Vitafoods
International Confervence, Copenhagen, March 1-13
7. Janicki A., 1999: Warto odywcza ywnoci funkcjonalnej. ywno, Nauka, Technologia,
Jako (Suplernent), PfT. 6, 4(21), 33-39.
8. Kornomicki K., Lorenz K. 2000: Rozw6j rolnictwa ekologicznego - uwarunkowania
prawne i finansowe, rnoliwoci dotacji i kredytowanie dziaalnoci ekologicznej. Mat.
Konferencji "Rozw6j rolnictwa ekologicznego w aspekcie integracji z Uni Europejsk"
Wrocaw-Porby 2000,17-23.
9. Kooyn-Krajewska D., Libudzisz Z., 1999: Jako rnikrobiologiczna ywnoci funkcjonalnej
w aspekcie jej zdrowotno. ywno, Nauka, Technologia, Jako (Suplement) PfT. 6,4(21),
40-52.
10. Liro A. 2000: "Programy ochrony rodowiska w gospodarce rolnej, systemy wsparcia dia
rolnik6w", Mat. Sem. Fundacja IKCN, Sejm R.P., 03.03.2000.
11. Kozowska H., Troszyska A., 1999:Rola naturalnych substancji nieodywczych
pochodzenia rolinnego jako skadnik6w ywnoci funkcjonalnej. ywno, Nauka, Technolo-
gia, jako (Suplement) PfT 6, 4(21) 63-74.
12. Metera D. 2000. Prognozy i dotacje na ekologizacj rolnictwa w latach 2000-2001. Fun-
dacja IKCN. Mat.sem, Sejm R.P. 03.03.2000.
90 Szymon Szewraitski
13. Macura R., 1999: Wsp6czesne koncentraty Witaminowe. ywno, Nauka, Technologia,
Jako (Suplement) PfT. 6, 4 (21) 113-124.
14. Niederauer T., 1994; 107 Miliarden DM kosten fr emhrunsabhngige Krankenheiten?
Flss. Obst 61, 10,476-477
15. Oreszczenko A.V., 1995: Issledovanie mutagennoj aktivnosti pishhevykh krasitelej.
Pishh.Prom. 7, 8-9.
16. Rutkowski A., 1999: ywno funkcjonalna- dodatki - biznes. ywno, Nauka, Technologia,
Jako, 6, 4(21) 7-19
17. Solan A.E., 1994: Prevents disease! Tastes geatL Food Techno!. 48, 8, 96-98
18. Sobolewska M., 1996: G6wne trendy w ksztatowaniu jakoci zdrowotnej i bezpieczestwa
ywnoci. Materiay SGM, Kolegium Zarzdzania i Finans6w. Warszawa.
19. Sotysiak U., 1993: Rolnictwo ekologiczne- Historyczny przegld metod W: Rolnictwo
ekologiczne od teorii do praktyki. Stowarzyszenie Ekoland, Stiftung Leben und Uni-
welt, Warszawa 13-22,23-28.
20. Trziszka T. 2000. Postp w produkcji ywnoci bezpiecznej w aspekcie ekologizacji roln-
ictwa i obowizujcych standard6w europejskich. Mat. Konferencji "Rozw6j rolnictwa
ekologicznego w aspekcie integracji z Uni Europejsk" Wrocaw-Porby 2000, 45-55.
21. Tyburski j., 1993: Kolizje ekologii z ekonomi.W: Rolnictwo ekologiczne od teorii do
praktyki. Stowarzyszenie Ekoland, Stiftung Leben und Uniwelt, Warszawa 13-22,
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finansowe". Fundacja IKCN. Mat. sem, Sejm RP. 03.03.2000.
Organizational and legal instruments
available to public authorities
for the protection of the environment
Marek Zygadlo
The fundamental tasks relating to environmental protection are performed

mainly by the Polish Diet [Sejm]. The adoption of new legal acts, the perform-
ance of the supervisory function and the formulation of an environmental protec-
tion policy fall within the extensive competence of Poland's legislative body,
which is restricted only by its obligations under the relevant international treaties
and, in the context of the country's planned accession to the EU, European law.
After an in-depth analysis of the environmental protection conditions, steps taken
so far, the conceptual, organizational and actual progress made with regard to
individual tasks, the Diet produces a general assessment of the situation in the
form of a programme specifying the main recommendations for the Government
and encompassing all aspects of the area, with an emphasis on the priorities, and
thus formulates the overall environmental protection policy. This policy is to
have an impact on the laws adopted and applied 1. The supervisory function is
performed by assessing the Government's implementation of the Environmental
Protection Law Act2 . Of much importance in the process is also the Diet Envi-
ronmental Protection Committee.
In the current system the highest government administration body with the broad-
est scope of competence is the Minister of the Environment. Under the Regula-
tion of the Council of Ministers of 26 October 1999 on Establishing the Ministry
of the Environment3 (formerly the Ministry for Environmental Protection, Natu-
ral Resources and Forestry) and the Regulation ofthe President ofthe Council of
Ministers of 10 November 1999 on the Detailed Scope of Competence of the
Minister of the Environment4 the said Minister manages two areas of government
administration - water management and the environment. Thus the Minister is
responsible for maUers relating to water management, the protection and shaping
of the environment as weH as the reasonable use of its resources, nature conser-
vati on, plant and animal species protection, geology, natural resources manage-
ment, meteorology, control of the compliance with the environmental protection
requirements, forestry, forest and forest land protection and game shooting5. A
I J. Bo, K. Nowacki, E. Sarnborska-Bo, Ochrona rodowiska [Environrnental protection],

Wrocaw 2002.
2 The Environmental Protection Law Act of 27 April 2001, Dziennik Ustaw 200 I No. 62,
Itern 627.
3 Dz. U. 1999 No. 91, Itern 1017.
4 Dz. U. 1999, No. 91, Itern 1035 as amended.
5 lbidem.
92 Marek Zygadlo
similar legal situation exists in the case of the Minister of Agriculture and Rural
Development6 . Pursuant to regulations adopted on the same dates he is responsi-
ble for matters relating to plant production, crop plants protection, seed produc-
tion, animal production and breeding, animal health protection, supervision of
the health quality of food products of animalorigin, control of the trade quality of
agricultural food products, agricultural food products processing, agricultural
market regulation mechanisms, chambers of agriculture, trade unions grouping
farmers, inland fishery, the protection of land intended for agricultural purposes 7 .
In general, the activities of the two Ministers in the area of environmental protec-
tion have the following aspects:
1) normative,
2) decision making,
3) supervisory, regulatory, co-ordinatory,
4) programming,
5) opinion forming,
6) organizational,
7) technical.
The organizational and legal position of the two Ministers is similar to that of
other ministers, including those who may influence environmental protection, i.e.
the Minister of Infrastructure and the Minister of Health8 .
The agencies and organizational units subordinated to or supervised by the Min-
ister of Health include, among others: the Chief Sanitary Inspector, the Chief
Pharmaceutical Inspector, the Pharmaceutical Reserves Agency in Warsaw, the
National Hygiene Agency in Warsaw, the Regional Blood Donation and Haemo-
therapy Centres (21), and specialist institutes (15)9.
Of considerable importance to environmental protection are the central govern-
ment administration bodies. Their effectiveness is determined by their powers
and degree of specialization. Although they may not issue any regulations, their
role is sufficiently important to deserve amention: the Polish Standardization
Committee, the President of the Chief Mining Office, the President of the Chief
Atomic Agency, the Chief Veterinary Surgeon, the Chief Inspector of the Agri-
cultural Food Products Trade Quality, the Chief Inspector of the Seed Production
Inspectorate, the Chief Inspector of Plant Protection, the Commander-in-Chief of
the National Fire Services, the Chief Sanitary Inspector, the Chief Pharmaceuti-
6 The Regulation of the Council of Ministers of 10 November 1999 on Establishing the

Ministry of Agriculture and Rural Development, Dz. U. 1999 No. 91, Item 1016.
7 The Regulation ofthe President ofthe Council of Ministers of 10 November 1999 on the
Detailed Scope of Competence of the Minister of Agriculture and Rural Development,
Dz. U. 1999 No. 91, Item 1034 as amended.
8 The Regulation ofthe President of the Council ofMinisters of 10 November 1999 on the
Detailed Scope of Competence of the Minister of Health, Dz. U. 1999 No. 91, Item 1036
as amended.
9 Ibidem.
Administration framework for environmental protection in the public sector 93
cal Inspector, the Chief Environmental Protection Inspector, the Chief Nature
Conservator and the General Conservator of Historical Monuments 10 .
The sweeping administration reform initiated in the Constitution of 1997 11 , con-

tinued in the Poviat Self-Government Act 12 (1998), the Voivodship Self-Govem-
ment Act 13 (1998), the Government Administration Sectors Act 14 (1997), the
Act Establishing a Three-Tier Territorial Division of the Country15 (1998) and
the Act on Government Administration in the Voivodship16,led to the establish-
ment of the fmal form of the system and the division of powers. The biggest
number of rights was lost by the voivod to voivodship and poviat self-govem-
ment bodies. Under the Environmental Protection Law Act of 2001 17 the voivod
was granted additional powers in matters regarding undertakings which may sig-
nificantly affect the environment and in matters relating to the operation of instal-
lations on the premises of plants deemed to constitute part of such undertakings
which may significantly affect the environment, the operation of installations
within such premises, as weH as in issues conceming undertakings and events in
closed areas. The starost received additional rights as a result of the elimination
of regional administration agencies and some power shifts.
The competencies of the gmina self-govemment remained roughly the same. The
unification in voivodship joint administration recreated by the 1998 administra-
tion reform became distinct in the joint (voivodship) govemment administration
and poviat govemment administration.
The supreme authority over joint govemment administration is exercised by the
voivod, who performs his tasks through managers of joint voivodship services,
inspections and agencies.
This supremacy is reflected in two forms: office and personal superiority. Exam-
pIes of joint voivodship government administration bodies include: the Agricul-
tural Food Products Trade Quality Inspectorate, the Sanitary Inspectorate, the
Police, the Environmental Protection Inspectorate, the Plant Protection Inspec-
torate, the Seed Inspectorate, the Veterinary Inspectorate.
10 The Government Administration Sectors Act of 4 September 1997, uniform text Dz. U.
1999 No. 82,ltem 928 as amended.
11 The Constitution ofthe Republic ofPoland of2 April 1997.
12 The Poviat Self-Government Act of 5 June 1998, Dz. U. 1998 No. 91, Item 578 as
amended.
13 The Voivodship Self-Government Act of 5 June 1998, Dz. U. 1998 No. 91, Item 576 as
amended.
14 The Government Administration Sectors Act of 4 September 1997, uniform text Dz. U.
1999 No. 82, Item 928 as amended.
15 The Act of 24 July 1998 Establishing a Three-Tier Territorial Division of the Country,
Dz. U. 1998 No. 96, Item 603 as amended.
16 The Government Administration in the Voivodship Act of 5 June 1998, Dz. U. 1998
No. 91, Item 577 as amended.
17 Dz. U. 2001 No. 62,ltem 627.
94 Marek Zygadlo
At the poviat level the unification of administration is reflected in the fact that the
poviat management board carries out its tasks by means of the poviat starost
administration, managers of poviat services, inspections and agencies, as well as
poviat organizational units. At this level the unification principle ensures consid-
erable efficiency of the implementation of the environmental protection law.
Also non-central non-joint govemment administration bodies should be men-
tioned here. The 1998 reform reduced their number significantly and shifted their
powers, but they still have an important role to play. The agencies which were left
in the sphere of environmental protection by the Govemment Administration in
the Voivodship Act of 5 June 1998 18 include: the directors of the Regional State
Forests Directorates, the President of the National Water Management Board,
Directors of Marine Offices, Directors of District Mining Offices and specialist
mining offices, the Chief Inspector and inspectors of technical supervision of sea
navigation, managers of the Inland Navigation Inspectorate, the President of the
Agricultural Market Agency and the bodies subordinate to him l9 . Furthermore,
the previously existing inter-departmental supervisory bodies preserved their
non-joint status.
Amention should also be given to some environmental protection bodies which
have an opinion-forming and advisory function:
1) The National Nature Conservation Council assesses nature conservation,
expresses its opinion on draft legal acts, presents its motions and opinions on
nature conservation, evaluates research projects and popularizes nature con-
servation. The Council is attached to the Minister of the Environment. There
are also Voivodship Nature Conservation Councils attached to voivods and
National Park Councils. The National Nature Conservation Council includes
scientists, practicians and representatives of social organizations. Council
meetings are attended by the Chief Nature Conservator. In order to act more
effectively the Council may set up ad hoc committees. The Council's term of
office is three years 20 .
2) The National Environmental Protection Council is an advisory organ of the
Minister of the Environment. The main task of this 30-member-strong body is
analysis of various environmental issues, with a particular emphasis on the
implementation on the sustainable development principle. Its mIes of proce-
dure and organization are determined by resolution of the minister responsible
for environmental matters and its term of office is five years 21 .
3) The National Committee on Environmental Impact Assessments and Voivod-
ship Committees on Environmental Impact Assessments are opinion-forming
18 Dz. U. 1998 No. 91, Itern 577.

19 Ibidem.
20 The Nature Conservation Act of 16 October 1991, Dz. U. 1991 No. 114, Itern 492 as
arnended.
21 The Environrnental Proteetion Law Act of 27 April 2001, Dz. U. 2001 No. 62, Itern 627.
Administration framework for environmental proteetion in the public sector 95
bodies in matters submitted to them by the Minister of the Environment and

voivods respeetively. They monitor the operation of the assessment system
and assess draft legal aets. The aetivities of the Committees are finaneed
respeetively by the minister responsible for environmental matters and by
individual voivods 22 .
4) National, Voivodship, Poviat and Gmina Environmental Proteetion and Water
Management Funds, whieh, in the meaning of the Publie Finanees Aet of 26.
November 1998, are earmarked funds: "An earmarked fund shall be a fund
statutorily established prior to the entry into foree of this Aet whose revenues
eome from publie revenue and whose expenditure is used to exeeute speeifie
tasks. An earmarked fund may aet as a legal person or constitute a speeial bank
aeeount at the disposal of the body speeified in the aet establishing the fund.
An earmarked fund earrying out tasks from the state budget shall be astate ear-
marked fund, and from the gmina, poviat or voivodship budget, respeetively a
gmina, poviat or voivodship earmarked fund. The fund's finaneial manage-
ment shall be based on an annual budget and spending shall be possible only
out of the funds aetually possessed, whieh shall include eurrent revenues and
amounts left over from the previous periods,,23. The finaneial resourees pos-
sessed by earmarked funds are used on environmental proteetion and water
management projeets with a view to implementing the sustainable develop-
ment prineiple.
The resourees of Gmina Funds are intended, among others, for: eeologieal edu-
eation, promoting proeeologieal aetivities, supporting the tasks of the national
environment monitoring system, modemization and investment projeets relating
to environmental proteetion and water management, setting up and maintaining
green areas and parks, supporting eeologieal agrieulture and eeologieal means of
transport, promoting renewable loeal energy sourees 24 .
The resourees of Poviat Funds, apart from the aims given above, are spent on
implementing projeets aimed to proteet the earth's surfaee. The voivodship fund
resourees are also used for projeets eonneeted with nature eonservation, inereas-
ing the eountry's woodiness, prevention of major aeeidents and elimination of
their effeets, development of new teehniques and teehnologies, prevention and
removal of environmental pollution effeets, formulation of plans regarding water
resourees management and the establishment of a water eadastre, and other tasks
regarding environmental proteetion and water management arising out of the sus-
tainable development prineiple laid down in the plans of aetion of the voivodship
funds, including the implementation of environmental proteetion programmes.
The resourees of the National Fund are also spent on supporting the produetion of
teehnieal equipment and eontrol-and-measuring deviees used in the area of envi-
22 Ibidem.
23 Dz. U. 1998 No. 155, Item 1014 as amended.
24 The Environmentai Protection Law Act of 27 April 2001, Dz. U. 2001 No. 62, Item 627.
96 Marek Zygadlo
ronmental protection and water management, developing the measuring station

network and data processing centres, implementing comprehensive research pro-
grammes, assisting voivodship and supravoivodship research programmes, and
on other projects relating to environmental protection and water management.
The bodies of the National Fund and Voivodship Funds are the Supervisory
Board and the Management Board. The Management Board includes its Chair-
man and his Deputies. The mIes of procedure and organization of the National
Fund bodies are set out in detail in the Articles of the Fund, and its operations are
supervised by the minister responsible for environmental matters.
This ends the organizational and legal analysis of the public administration oper-
ating within the sphere of environmental protection for the purposes of this paper.
The ability to implement individual tasks is always ultimately dependent, even if
the legal or organizational solution is the best possible, on the personal involve-
ment of people employed in administration and the financial resources put at their
disposal. Of much importance is also the popularization and promotion of envi-
ronmental protection issues, the population's ecological culture, and also the rel-
evant Catholic dogmas, which are laid down, for instance, in the encyclical Evan-
gelium vitae. Of much influence is also the country's politics. This deterrnines
certain general trends, including ones in the area of environmental protection,
which are later translated into specific legal acts, and thus tasks and resources, not
only financial, to fulfil such tasks.
The most important issue in this context seems to be Poland's intended accession
to the European Union, and thus the differences in the legal systems, the need to
adjust our system to the European requirements, EU harmonization programmes,
as weH as the structure of capital expenditure on individual nature conservation
components, from nature, forests and animals to water and air. Of particular
importance will be the implementation of the sustainable development principle
and integrated environmental protection systems, which encompass the use, pro-
tection and shaping of the environment and take account of the newest pro-pro-
tective trends using state-of-the-art methods, techniques and technologies.
Poland will face an extremely important task of reforrning its agriculture to bring
it into line with the EU environmental protection directives.
Session 2
Experiences in Institution Building and Future

Requirements for Reporting and Evaluation
Chaired by: Prof. Dr. Michael Schmidt

Transborder regions and administrative
boundaries: institution building on the basis
of common environmental values and its role
in the enlargement of the EU
Michael Schmidt / Harry Storch
Abstract
The forthcoming eastward enlargement of the European Union (EU) will funda-
mentally change the priorities of environmental policy and environmental pres-
sures within the entire area. Regarding the need for environmental and political
action in shaping the enlargement, there is a deficiency of political strategies
within the environmental field to adequately cope with the various dimensions
of this change. The goal of this paper is to discuss three central environmental
sector problems related to the easterly enlargement: (1) institutional capacities of
the accession states to deal with the enlargement, (2) potential environmental
risks from adopting the Common Agricultural Policy in accession countries, and
(3) the developmental differences in rural areas in the accession countries.
1. Cross-border Regions in Europe

'Cross-border regions' are defined as transnational relationships and similarities
that span national boundaries. They encourage a form of lateral regionalisation
that attenuates the edges of national borders and presupposes different forms of
partnerships between public authorities and institutions at the regional and tran-
snationallevel. These transnational relationships are an essential part of the Euro-
pean integration process and are supported by the EU. The economic motives are
strong because cross-border co-operation can create better conditions for growth
by enlarging local markets (MaskelllTmqvist 1999, 31-39).
The political and economic collapse in eastem Europe, the integration within the
EU-enlargement process and a general wave of regionalism in Europe has had a
direct relationship to the increase in the number and type of co-operative agree-
ments in border areas.
The atmosphere of change in Europe during the 1990s has been most marked in
border areas along national boundaries. In a situation where the nation-states and
authorities have lost their strict hegemony and where the European Union is
growing, in cross-border regions along national borders both within and outside
the European Union the consequences of these changes first emerge.
Many, if not all, environmental problems are cross-border by nature and therefore
are best managed in larger planning areas. In Europe many former areas of envi-
ronmental conflict or risk have been or are in the process of being converted into
areas of cross-border co-operation (Table 1).
100 Michael Schmidt / Harry Storch
Table 1. Important cross-border regions in Europe
Regional Model Region Countries

Seaor Tbe Baltie Sea The Baltic Sea catchmenl area includes:
Coastlines Denmark, Sweden, Norway, Finland, Russia,
Estonia, Latvia, Lithuania, Czech Republic,
Siovakia, Ukraine, Belarus, Germany and
Poland.
Tbe Black Sea region The Black Sea basin includes tbe greater part
of 17 countries, six of which share its coast-
line:
Bulgaria, Romania, Russia, Ukrai ne, Georgia
and Turkey
Tbe Nortb Sea United Kingdom, Norway, Denmark, France,
Belgium, the Netherland ,Gerrnany and
Sweden.
Tbe Mediterranean Coastal ltaly, France and Spain
strip
Tbe nortb-east Atlantic Portugal, Spain, France, lreland and Uniled
Kingdom,
River Systems TbeRhine Germany, SwilZerland, France, Belgium,
Luxembourg and the Netherlands
Danube River Basin Gennany, Austria, Czech Republic;Slova-
kia. Hungary, Siovenia. Croatia. Bo nia-Her-
legovina. Federal Republic of Yugoslavia,
Bulgaria, Romania, Moldava and Ukraine
TbeMeuse France, Belgium an the Netherlands
Tbe Oder-Neisse region Poland and Germany
(pomerania) ud Spree-
Neisse-80bra region
Mountain TbeAlps France, Germany, Austria, SwilZeriand,
Systems Siovenia and Ilaly .
Tbe Carpathian mountain Czech Republic, Hungary, Poland, Siovakia,
system Romania, Ukraine and Yugoslavia (associ-
ated)
Tbe Pyrenees France, Spain
Geographie Tbe North Cape region Norway, Sweden, Finland and Russia
Region
Industrial Tbe Ruhr industry area Germany, the Netherlands and Belgium
Regions
Soutbem alpine industry France, Switzerland and ltaly (Lyon - Geneva
area - Milan).
Paris-Brussels region France and Belgium.
Southem Scandinavia Denmark, Sweden (Germany, Norway).
Air PoUution Black Triangle Region Germany (Saxony, Bavaria) Poland (Lower
Silesia) and Czech Republic
Transborder regions and EU enlargement 101
There are different sources of regional models for trans-boundary regions in

Europe, but the dominant model of regionalism, is eco-regionalism also known
as bio-regionalism (derived from environmentalism). It is based on 'natural units'
(Table 1) and is often adopted by environmental activists who deal with trans-
boundary natural resource problems at a practical level. Related categories that
need trans-national co-ordination and co-operation for regional development are
river basin (Marinov, Reinhold and Malle 1997) and coastline regionalism.
Waterways as important transportation resources are due to their multinational
importance constructing multi-national regional categories.
A special case is the so called Black Triangle Region between the borders of Sax-
ony and Bavaria, Germany; Lower Silesia, Poland; and the Czech Republic. It
arises from local meteorological conditions, which results from the geomorphol-
ogy of the area, working in combination with main sources of air pollution (e.g.,
power plants, industrial facilities, residences and the combustion engine). This
interaction between climate and pollution is the primary cause for the regional air
pollution problem (Dreke 2000).
1.1 EU Enlargement and Public Administration Reform

Enlargement is the central component to adynamie process of an integrated
Europe. Joining the European Union will contribute to their national prosperity
and will be important for ensuring economic development, which has the poten-
tial to improve the natural environment. First, the enlargement process is an
important political measure to help overcome the divisions within Europe. Sec-
ond, EU enlargement is a procedural process and focuses primarily on the tech-
nical, legal and institutional development of the acquis communautaire (i.e., the
existing EU legislation). In preparation for enlargement, the Central and Eastem
European (CEE) countries have now begun to consider the environmental diffi-
culties they face.
In comparison to earlier enlargements in the EU 15, the extent and complexity of
the acquis communautaire has risen considerably. For example, the chapter on the
environment alone incorporates over 300 acts of law and includes:
water and air pollution control;
the handling of chemieals;
industrial environmental protection;
endangered species protection; and
cross-border environmental protection.
For the future common market of an enlarged EU the primary goal of incorporat-
ing the environment chapter in the pre-accession process is to bring the candidate
countries into line with the level of environmental proteetion within the Union
before their accession, and to avoid what is called 'eco-dumping'.
Table 2. Proposed Steps for Implementation of EU Environmental Legislation

Sectoral Strategy and Preparation of a plan to implement the legislation within that
Implementation Plan sector.
Institutions and Rele- Key stakeholders affected by the legislation and their role in imple-
vant Parties mentation
Technicallssues in the Technical issues in the legislation. Requires expertise and specialised
legislation equipment to set emission standards and monitor emissions, and
experts to provide technical guidance ..
Regulation and Regulate the implementation of the legislation conceming: licensing
Enforcement and permitting procedures, monitoring, inspection, enforcement, data
collection and reporting.
Priorities and Timing Prioritising the implementation tasks based on legal, institutional, eco-
nomic and financial aspects. Need for planning, institutional strength-
ening, and the construction of new facilities.
Economic and Financial Costs arising from the implementation of the legislation. Who will
Issues bear them, and economic and financial tools for recovering costs.
(EC 2001, 3/4)
As long as the candidate countries enjoy special non-EU adopted rights in the
environmental sector, the entire EU is unlikely to agree to open their economic
market to them. During the phase of pre-accession the accession states of the
Central and East European (CEE) countries must adopt EU laws as completely as
possible. Yet they have neither the required administrative capacity nor long
standing tradition concerning the rule of law.
For these reasons the accession states will require a long period of time in order
to build up an effective and efficient public sector (Table 2). This process of EU
enlargement is associated with substantial social and environmental reforms,
potential risks and associated costs. The CEE countries themselves will have to
carry a large portion of these costs, most of which will arise before enlargement.
The costs associated with the creation and implementation of the environmental
acts will undoubtedly be very high for the candidate countries, the European
Commission estimates that the total cost will be around 100 billion Euro. The
candidate countries are obliged to carry out this investment at a time when they
are undergoing a complicated process of economic transformation. The citizens
may find it hard to accept the economic effects that will result from the changes
associated with accession preparations.
1.3 Influence of Enlargement on Driving Forces and Environmental

Problem Areas in the European Union
For the EU as a whole, enlargement of the Union, will alleviate some of its envi-
ronmental problems and increase total benefits of its policies. However, enlarge-
ment may also add to environmental problems if EU subsidy regimes in the agri-
cultural sector are extended to accession countries.
Table 3. Influence of enlargement on driving forces and environmental problem areas in the
EU: Assessment of economic developments and driving forces (energy, transport, and agri-
culture)
Driving forces Trend towards tbe year 2010 (expected changes)

Energy demand, Enlargemenl will lead to an accelerated improvement of energy-effi-
use and structure ciency throughout central and eastern Europe.
Replacement of old power plants and boilers in industry u ing solid fuels.
Transport With growth rates of 591 per year, in mo I acce sion countries car owner-
hip in 2000 will be approximately 20 car per 100 inhabitants: half ofthe
EU level for 1990 (about 40 cars per 100 inhabitants)
Enlargement will affect transport belween accession eountries and the
EU and result in eonsiderably higher growth rates of freight transport.
Agriculture Ouring the period 1989-1997 , average agrieultu ra! produclion in acees-
sion eountries decreased by 25%.
The use of arti fi ci al nitrogen ferti li er in accession countries decLined 10
more than 5091 below the EU level. The appLieation of pestieides in gen-
eral has also deereased.
Livestock densities dropped by more than 50% compared to 1989 level .
The implementation of the CAP in aceession eountries will lead 10 J)
increased inputs (fertili. er, pesLieides) and outputs and 2) large-scale
farming with high inten ity.
As a result environmenta! pressure from agriculture will inerease.
(Jantzen, Cofala and Haan 2(00)
Arecent study on the environmental impact of enlargement (Jantzen, Cofala and

Haan 2000) has drawn the following conclusions:
The enlargement can be expected to cause profound changes in the economies
of the accession countries. As an indicator for modernisation of the economy,
energy consumption and intensities have dramatically decreased and the
energy demand structure requires cleaner fuels (Table 3).
The enlargement will have a positive effect on the environmental situation in
the accession countries. Implementation of the Urban Waste Water Treatment
Directive in combination with extensive efforts to improve sewage treatment
capabilities, will improve freshwater quality considerably. Other environmen-
tal concerns that will profit from enlargement are waste management and air
pollution. In general, applying emission control policies similar or identical to
those of the EU to CEE countries streamlines efforts to achieve EU environ-
mental targets (Table 4).
\04 Michael Schmidt / Harry Storch
Table 4. Influence of enlargement on environmental problem areas in the EU Expected envi-

ronmental developments: Trend of changes in the state of the environment
Problem area Trend towards tbe year 2010 (expected cbanges)

Climate change With enlargement it may be expected that energy demand in accession
countries will be approximately 10% higher in 2010 than without acces-
sion, which would increase COr emissions by more than 100 Mt.
Biodiversity Some of the agricultural production now taking place in EU will shift
eastwards.
This lowers the pressure in EU 15 at the expense of an increasing pres-
sure in the accession Countries.
Acidification and In the accession countries emissions will be reduced further as a resuIt
Eutrophication of harmonising air emission legislation with EU standards.
Tbe adoption of the emission standards combined with the continuation
of economic restructuring will further decrease the emissions of S02
and NO. by 70 percent and 60 percent respectively compared to 1990
levels.
Water Management As the result of the economic decline during the last decade run-off to
surface and ground water in accession countries has decreased.
Accession countries will have to implement the requirements of the
urban wastewater directive and the nitrate directive. Often this implies
the introduction of tertiary treatment by wastewater treatment plants
and will lead to a significant reduction of nu trient discharges 10 the sur-
face water.
Waste Management Waste generation in accession countrie i different from the EU-aver-
age.
Indications how that the current per capita generation of was te in
accession countries is on average 35% below the EU-average (500 kg/
person).
Conversely, per capita industrial waste production is about 50% above
the EU-average.
To comply with the landfill and packaging directive, accession coun-
tries will have to change their waste management system considerably.
(Currently poor waste management infrastructure focuses mainly on
collection and landfills).
Coastal zones As a result of the implementation of water management policies
enlargement ofthe EU will have a positiveeffecl on the waterquality of
coastal zones.
Soil degradation Approx.irnately 10% of agricultural area in accession countries is sen i-
tive to soil degradation.
Pessimi.stically, problems wiU remain the same.
Optimistically, soi! degradation problems may decrease in the EU due to
a shift of agricultural production. Soi! degradation problems in acces-
sion countries are minimally affected by enlargement.
(Jantzen, Cofala and Haan 2000)

Transborder regions and EU enlargement \05
In contrast to these positive effects, changes in the transportation and agricul-

tural sector may further deteriorate environmental quality (Table 3). Until
recently, these sectors have not caused major problems in eastern Europe, but
if the current EU agricultural policy and associated subsidy regimes remain
unmodified, enlargement will lead to agricultural intensification and addi-
tional environmental problems. Therefore it is important to integrate environ-
mental considerations into the economies of the accession countries. The
effectiveness and efficiency of EU funding could be improved if environmen-
tal impact assessment and cost-benefit analysis were applied.
2. The Role of Agriculture in CEE countries

When the ten candidate countries (from central and eastern Europe) join the
European Union over the next few years, they will bring in about 100 million
more inhabitants (about 20% ofEU-15 population), aland area of about one mil-
lion square km (33% ofEU-15 area) and large areas ofnaturallandscape with a
wide and important range of biodiversity. In CEE countries agriculture is the
dominant form of land use (over 55% of total land area on average) and an impor-
tant factor (Table 5) when managing land, water and air resources and for biodi-
versity through shaping the landscape pattern.
Table 5. Importance of Agriculture in CEE countries (1996)
Couotry Agricutural area Agricutural productioo Agricurural employmeot

1 000 ba % total bioECU % GDP 1000 % total
area (wbat is employmeot
tbis ooe)
Poland 18474 59.1 6.5 6.0 4130 26.7
Hungary 6184 66.5 2.1 5.8 298 8.2
Czech Republic 4279 54.3 1.2 2.9 211 4.1
Siovenia 785 38.7 0.7 4.4 61 6.3
ESlonia 1450 32.1 0.3 8.0 74 9.2
CEE-J 31172 56.7 10.6 5.3 4774 18.4
Romania 14789 62.0 5.3 19.0 3975 37.3
Bulgaria 6164 55.5 0.9 12.8 769 23.4
Siovakia 2445 49.9 0.7 4.6 169 6.0
Lithuania 3151 48.5 0.5 10.2 398 24.0
Latvia 2521 39.0 0.3 7.6 208 15.3
CEE-II 29070 55.0 7.8 13.1 5519 27.9
CEC-I0 60242 55.9 18.4 7.0 10293 22.5
EU- 15 135260 41.8 117.5 1.7 7514 5.1
(Ee 1998a. 16 Table 4 )

106 Michael Schmidt I Harry Storch
2.1 Economic Situation of Agriculture in CEE Countries

In terms of area, contribution to GDP and, in particular, share in total employ-
ment, agriculture is relatively more important in the CEE countries than in the EU
(Table 5). On average over 20% of the work force is employed in agriculture. The
overall number of more than 10 million employed in agriculture for the ten CEE
countries is high compared to 7.5 million in the EU (5% ofwork force). Agricul-
ture still contributes an average of 7% to the GDP of candidate countries (com-
pared to less than 2% in the EU).
The agricultural productivity measured by the value added per worker is approx-
imately 10% of the EU level (Table 5) . An increase in productivity to half of the
EU's level would imply that the current GAP (Gross Agricultural Product) could
be produced by the half of the agricultural work force (current 10 million), indi-
cating the potentialiarge labour (for consistency use UK spelling not USA) sur-
plus in the agriculture sector of CEE countries and the need to create employment
opportunities in rural areas by encouraging economic diversification (EC 1998a).
2.2 Social Dimension of Agriculture

During the restructuring process in the upcoming years farm structures should
become more efficient and productive requiring less man-power, thus necessitat-
ing the development of off-farm employment opportunities. In many of the CEE
countries agricultural employment and production has acted as a economic and
employment buffer during periods of economic difficulties such as during the
transition period of the last decade. Because food is an important household
expenditure, in most of the eountries varying from 30 to 60% of the total house-
hold ineome, supply and demand exerted upon the seetor remains fairly constant,
and therefore has been eonsidered aseeure source of additional ineome. Hence,
a key post-aceession risk is that the restructuring proeess will be associated with
growing rural unemployment and poverty. Therefore it would be counter-produe-
tive to ignore the inherent social safety net funetion performed by the existing
durable, semi-subsistenee farming struetures in rural areas of CEE eountries (EC
2002). However, in the light of the current Common Agrieultural Poliey (CAP),
the existing farm struetures are regarded as unfavourable (e.g. large number of
small farms).
To extend the CAP of the eurrent EU 15 to the CEE countries would be far too
eostly for the EU budget. However, the high cost is not the only problem, high
food prices would make food too expensive for the average level of ineome dur-
ing the economic restructuring process. As a result of CAP reform discussions,
the burden on the EU budget would be manageable if direct payments were not
extended to farmers in CEE eountries. The argumentation is that they should not
have compensatory payments for incomes they never enjoyed.
2.3 Agriculture, Nature Conservation and the

Environment in Accession Countries
Biodiversity in CEE countries in general is very high and the landscape host spe-
cies that are extinct or threatened in western Europe. Since the collapse of com-
munist governments and the political changes after 1989, the primary impacts on
agricultural production have resulted in a severe economic recession in CEE
countries. Higher consumer prices compounded by falling household incomes
has resulted in a decline of overall food consumption. The consequence of the
drop in demand has led to increased pressure on agricultural producers due to
reduced market prices. At the same time agricultural producers were faced with
higher input prices.
The recession, drop in demand and increase in input costs has resulted in a con-
siderably decrease in agricultural outputs and livestock inventories. In combina-
tion with the end of huge collective farrning bodies tbis has led to a general exten-
sification of agriculture and therefore to a reduction of pollution due to less
agricultural inputs. During transition the application of fertilisers and agro-chem-
icals decreased substantially, as has live stock production, relaxing somewhat the
pressures on the environment (EC 1998a, 9).
__-------~:::::=--..c::::::..--------_=::::: Denmark
Germany
: - - - - - - - - - - -_ _ Poland
---------------~~~::~::::~~~;:::::::====_
_______
SWeden
Finland
~==~~:::~==~::: Lithuania
EatvistQania
-Russia L
Figure 1. Livestock Density in countries of the Baltic Sea catchment area

(Baltic 21 Secretariat 2000, 19 Graph 3.212)
During the 1990s agriculture in CEE countries was mainly extensive and the
dominant land-use pattern in rural areas. However, with the accession in the EU
land-use patterns will likely shift. Extensive agriculture will diminish and the
agricultural pressure on the environment through intensification will increase.
108 Michael Schmidt I Harry Storch
2.4 Agricultural Reform in the CEE Countries - SAPARD Funds

Financial aid for the modernisation of agriculture and the development of agro-
environmental measures for the implementation of the acquis communautaire
with regard to the common agricultural policy (CAP) are introduced in the CEE
countries with the help of the SAPARD (Special Accession Programme for Agri-
culture and Rural Development) funds (EUR 520 million a year). The primary
goal is to initiate rural development adaptation activities and to solve the prob-
lems of long-term rural agricultural sector adjustments in the applicant countries
during the pre-accession period. The SAPARD funds take a dual approach to
strengthening the agricultural sector in CEE countries (EC 2001a). Firstly, they
will enable the agricultural sector to become more competitive with the rest of the
world with regard to quality and price by providing financial assistance to mod-
ernize the agriculture and food industries. A second element of the SAPARD
funds is the establishment of a new framework to help maintain a healthy coun-
tryside and protect rural heritage. To this end, SAPARD funded activities are
divided into the following two tasks.
1. Modernize the agriculture and food industries.
2. Support rural development projects and introduce agro-environmental.
Agro-environmental measures will be given within the context of the SAPARD
funds. These measures will be targeted towards protecting and improving the nat~
ural environment and should create new opportunities to help preserve the rural
landscape (EC 1998b). However, their share in land-use will probably not be very
influential.
Considering the current Common Agriculture Policy (CAP) in the EU 15 coun-
tries, agricultural trends reflect greater intensification, specification and unit-
enlargement in the sector. Because agriculture is an economic driving force with
major influence on environmental quality and land management, the results are
greater impact to the environment in certain areas.
2.5 Re-intensification Risk of Agriculture in CEE countries

The impact of agriculture policy can be measured as intensification, greater spe-
cialization, and unit-enlargement in the sector. As previous shown, in the 1990s
the agriculture sector has followed two slightly different trends: agricultural
intensification in EU countries and a dramatically break down in Central and
Eastern European (CEE) countries. The dec1ine in output was most pronounced
in livestock production (in some of the countries of about 50 per cent).
The reform of the Common Agriculture Policy (CAP) in western European Union
countries began in the middle of the 80s. The integral element was to reduce price
support and to compensate farmers with more direct income support. As a result
the agricultural sector moved towards intensification. The intensity of agriculture
increased although the number of farms has substantially decreased because
Transborder regions and EU enlargement \09
changes have taken place in farming methodology. For example, by concentrating

on one branch offarming or specialization in production (BOING 2001).
2.6 Changes of Farm Structures

In the CEE countries, which were predominantly collectivised farms during the
pre-transition era, the general farm structure had a dualistic character (IR 2000,
176) associated with it and this had an important consequence for the environ-
mental situation.
Very small individual or private plots producing for own consumption and
local markets traditionally farmed landscapes rich in biodiversity that were
based upon landscape diversity, mixed farming supplernented by forestry.
These plots were sustained by small-scale, private land owners.
Large scale collective or state farms characterised by highly intensive and spe-
cialised collectivised agriculture associated with environmentally damaging
agricultural practices. However the move to market-based systems has resulted
in extensification of these formerly intensive systems, but recent input use
(e.g., fertilizers, pesticides) has again started to increase.
2.7 Problems of Agriculturallntensification in CEE countries

The experiences with the CAP in the EU 15 have demonstrated that agro-envi-
ronmental measures and biological agriculture will remain marginalized and dif-
ficult to implement. Only now are the EU 15 states beginning to make their agri-
cultural sectors more environmentally friendly by lirniting chemical inputs and
encouraging nature conservation. These programs require vast amounts of money
and replicating such scenarios in CEE countries is hardly conceivable.
Applying the Common Agricultural Policy (CAP) to accession countries may
lead to a shift in European agricultural production. Due to relatively lower pro-
duction costs in accession countries, it can be expected that some of the current
EU agricultural production will shift eastwards thereby increasing environmental
pressures exerted upon CEE countries. (Jantzen, Cofala and Haan 2000, 14)
Table 6. Agricultural output changes (%) in accession countries 1994-2005:

Accession scenario compared to Non accession scenario
Accession scenario No Accession cenario
1994-2005 1995-2005
Cereals 15 19
Oil eeds 43 14
Sugar 45 20
Milk 18 16
Beef 33 14
Pork 21 22
Poultry 50 22
(Jantzen, Cofala and de Haan 2000, \0 Table 7)

Therefore, in an enlarged EU it must be assumed that agriculture in CEE coun-

tries will become more specialized and intensified and that the amount of inputs
(e.g. fertilizers, pesticides, etc.) will increase to relatively the same level of a
highly industrialized western European country (Table 6).
In general, intensification of agricultural production, by using techniques wh ich
are not suited to local conditions, would increase the pressure on the environ-
ment. For example, greater livestock concentrations would lead to manure dis-
pos al problems; and the increased use of fertilizers and pesticides would com-
pound the problems of water, air and soil pollution.
Another threat is the closing of landscapes in areas with poor natural conditions,
resulting in low agricultural productivity; it would be difficult to guarantee the
continuation of farming. Without farms, which are preconditions for the preser-
vation of scenic landscapes, vast tracks of former agricultural lands that provide
valuable habitats may be eternally lost. The abandonment of formerly grazed
areas and other agricultural activities in these regions will further lead to a decline
in the semi-natural areas of CEE countries.
Agriculture in CEE countries will be under increasing pressure to modernize by
adopting western technologies and land use schemes. This implies quadrupled
chemical inputs per hectare, and in semi-natural areas a transition from a diver-
sified landscape of small holdings separated by line elements like me anders of
hedges to large-scale farming. Unmanaged quadrupling of fertilizer inputs will
certainly have adverse effects on the eutrophication state of the catchment areas
of the Baltic and Black Seas.
2.8 Upcoming Conflicts between Agriculture and Nature

Conservation in the Accession Countries
As the result of the relatively strict nature conservation policies in so me candi-
date countries, protected areas already exceed 5% of their surface area (Table 7).
Therefore, candidate countries seem to be fulfilling the EU habitat directives
(ECOTEC 2001, 292-315).
Table 7. Total Protected Areas in the Candidate Countries (1997)

Country Area ( Km~) % of Surface Area
Bu lgruia 5600 5
Czech Republic 16600 21
ESlonia 7230 16
Hungary 9080 10
Latvia 8180 13
Lithuania 6960 I1
Poland 31700 10
Romania 23350 10
, Siovakia 12750 26
Siovenia I 160 6
(ECOTEC, 297 Table E.l)

In the first years of the transition period independence movements in several CEE
states had a strong connection to nature conservation and environmental protee-
tion (Table 8), hence environmental protection was high on the political agenda.
This has shifted considerably, now nature conservation is restricted to cases
where development projects have an overriding public interest. For instance
could infrastructure development projects (co-financed by the EU Instrument for
Structural Policies for Pre-Accession (ISPA)(EC 2OO1c)) lead to habitat and land-
scape fragmentation because, currently in the candidate country, economic devel-
opment is the first priority. As people experienced problems merely surviving
during the transition period, social problems such as unemployment are seen as
priorities; a healthy environment and rich biodiversity are often seen as a luxury.
Table 8. International Designated Areas and National Parks in Danube Space Core Coun-
tries
I
Austria Bulgaria IRepublic
eUCh. IHungary IRomaniaJ Slovakia ISiovenia
Bio phere (UNESCO Man and Biosphere Programme)

Reserves
Number 4
I 17 I 43~ I 12~ I I
4 0
Area (1 OOOha)
World Heritage
28 25 61! 203 I 0
Si te
Number 0 2
I ~ I
I 0 1 1
Area (1 OOOha)
Wetlands
0 I 41
I 0 I I
(RAMSAR Convention sites)
Number 9 5
I
I 3~ I
I 7 I
Area (1 OOOha) 103 I 3
19
150 647 I 26 I I
(IR 2000, 165 Tab. 34)
In the agricultural sector, environmental restrictions on land use are more and
more seen as purely limiting ofthe owner's rights. Exacerbating the problems is
the fact that the restrietions are often poorly implemented and enforced. In the
agricultural policy of CEE countries the concept of sustainability is used without
a concrete and operationalised definition. The integration of agricultural profits,
social benefits and nature conservation has yet to be accomplished in their policy
nor has it reached the decision-makers in agricultural institutions and the under-
standing of the general population
112 Michael Schmidt 1 Harry Storch
References
Baltic 21 Secretariat (2000): Development in the Baltic Sea Region towards the Baltic 21 Goals
- an indicator based assessment. Baltic 21 Series No. 2/2000, Stockholm
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BOING (Baltic On-Line Interactive Geographical and Environmental Information Service)
(http://www.grida.nolboing)
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The adoption of the acquis communautaire
in environmentallegislation
in the accession countries - examples under
German co-ordination
Bettina Fellmer
1. The Twinning Instrument

The development of modem and effective administration structures in the EU
Accession countries (in the following named as CC (Candidate countries)) is a
basic precondition for the complete adoption of the acquis communitaire. This is
the EU common standard on legislative, social and economic parameters. This so
called institution building process in the middle and eastem European countries
(MOE countries) has been supported since 1998 from the EU through a partner-
ship process instrument called "twinning". This has been financed through the
Phare programme with about 500 Mio a year until 2002.
The twinning focus is on the following sectors: agriculture, environment, public
finance and economics, justice and horne affairs, consensus and social policy and
Structural Funds.
The general idea of a twinning project is to foster Institution Building in an
accession country through learning from the experience of a EU Member State by
common measures: support by special expertise and active involvement of both
partners. Twinning is, thus, a synonym for administrative partnerships. For real-
ising this idea money is provided by the European Commission to finance the
assistance by Member State functionaries in the country. The accession country
has to oblige its own contribution in a contract mostly by the provision of man
power.
Key part of a Twinning project is the long term expert (Pre-Accession Advisor,
PAA) provided by the administration of the Member State responsible for the
implementation of the project. He or she normally is a very experienced function-
ary specialised in the field of interest of the Twinning Project. He is generally
recruited from the Federal or the State ministries, respectively their executing
institutions. He stays in the Candidate Country for one up to two years to achieve
the "Guaranteed results" which have been fixed in the Covenant. For some
projects a so called consortium of two or even more Member States is built up,
one being the "lead country", one the "junior partner".
The Covenant is a detailed contract between the European Commission (EC), the
Candidate Country (CC) and the Member State (MS) defining the objectives,
activities, the personnel conception and the budget breakdown for the project.
114 Bettina Fellmer
The overall co-ordination of the project is done by two project leaders, normally
high ranking functionaries from the project leading administrations in the MS
and in the CC. Specialist expertise is provided by short term experts from the MS
who travel to the CC for specific purposes.
Up to this year Twinning projects had been limited to ten EU accession countries:
Estonia, Lithuania, Latvia, Poland, Czech Republic, Slovak Republic, Hungary,
Romania and Bulgaria. As of this year the programme has been extended to
Malta and Cyprus, Turkey will follow. Institution building will be supported in
former Yugoslavia and Albania and NIS countries from this year on as weIl.
Germany is involved in about one third of all ongoing Twinning projects so far
either as lead or as junior partner, and therefore the member state most involved.
The German commitment is focused on Poland, Bulgaria, Slovak Republic,
Czech Republic and Hungary.
2. The different actors and the process of a Twinning project

The EC and the Candidate Country together define the areas in which a Twinning
project could support the development of the CC situation towards EU accession.
Once the field and the responsible administration in the CC are appointed they
develop a "project fiche" in which the basic project structure and the require-
ments are fixed. It will be distributed amongst all Member States as a sort of invi-
tation to tender.
Within appr. six weeks the responsible administration in the MS has to develop a
proposal with a first scheme of ideas on how to implement the project. At this
time the candidate for the long term expert post (PAA) has to be introduced
already. There will be several proposals submitted by diverse MS. For selection
the EC Delegation in the CC invites the applicants to present their proposals and
PAA candidates. On this basis the CC decides on the future project partner.
After the selection the two designated Project Leaders from the CC and MS Min-
istries of Environment take over the co-ordination. A detailed project plan (Cov-
enant) has to be developed with the following components:
The guaranteed results: a detailed description of the results, which will have
been achieved at the end of the project according to the project fiche.
A detailed work schedule: a plan has to be developed on how, when and which
activities will be undertaken in order to achieve the results. This includes a
quite detailed work schedule, adifferentiated structure ofthe planned activities,
certain benchmarks, the fore seen experts and the amount of days they will
spend on the task to carry out the activity. As the project has a given duration
a detailed time schedule has to be developed as well.
The personnel concept: The main (preferably all) experts that will contribute
from the MS have to be named and their background being introduced with
Adopting the Acquis Communautaire in Accession Countries 115
CV's. In Germany the Lnder (states) playa main role in the provision of
experts as the implementation of laws normally takes place at this level. The
main actors from the CC have to be named as well.
The budget breakdown: the work schedule has to be processed in a budget
breakdown according to strict eligibility rules laid down by the EC in a so
called "Twinning manual".
As the covenants form the most important basis for the project implementation,
all parties, i.e. the MS, the CC and the EC Delegation have to give their agree-
ment and approval by signature.
Once it has been approved by all sides the project is ready to start. The PAA
moves to the CC for the duration of the project and the different activities of the
project will be implemented. A Steering Comrnittee formed by the Project Lead-
ers, a representative of the EC Delegation and others monitors the project
progress. Changes to the Covenant are possible, however they have to be pro-
posed in a formaHsed way and have to be accepted by the three contract partners.
3. The topics of Projects in the Environmental Field

The Twinning Projects in the environmental field are mostly related to the trans-
position of the EU Environmental Legislation. This includes mainly the follow-
ing "classical" topicsin the responsibility of the German Federal Ministry for the
Environment, Nature Conservation and Nuclear Safety :
Clean air protection
Drinking water protection
Surface- and Groundwater monitoring
Waste water treatment
Waste management
Chemical Laws
Nuclear Safety
EIA (Environmental Impact Assessment)
IPPC (Integrated Pollution Prevention Control)
Nature Conservation
There are a lot of additional ones that are related to the Environmentbut with dif-
ferent or divided competencies between the German Federal Ministry for the
Environment, Nature Conservation and Nuclear Safety, the Ministry ofEconom-
ics and Technology, the Ministry of Transport, Building and Housing, the federal
states and other institutions:
Energy market RegulationILiberalisation
Renewable Energies
Forestry
116 Bettina Fellmer
Regional development
Preparation for the Structural Funds
Traffic
Institution Building in general
Preparation of big infrastructure projects
Currently the following projects are carried out under the responsibility of the Gerrnan Fed-
eral Ministry for Environment, Nature Conservation and Nuclear Safety:
Country Topic: Introductionl strengtbening of : Sumin amount per

Mio couDtry
Bulgaria Waste management law 0.5
Air QuaJity Management 0.45
Directive on water quality of drinking water 0.4
Trading wilh protected species 0.1
ChemicaJ Law 0.7
I Nuclear safety for medical applications 0.65
lntegrated Pollution Prevention Control (rPPC) 0.64 7
Czech Republic lPPC 1.0
Air QuaJity monitoring 0.7
EnvironmentaJ Acquis at regional level 0.6
Environmental Impact Assessment (EIA) 0.55
Financing Tools 5
Hungary Air Quality monitoring 0.5
IPPC 0.7
Water Framework Direclive 0.5
Environmental InspeclOrates 0.9 3
Lithuania Environmental monitoring 0.6 I
Poland EIA 1.6
Air Quality Monitoring 0.79 2
Romania Development of a stralegy on waste management 1.0 I
Siovak Republic EIA 0.5 I
Total 20
4. What happens during a project?

In brief the similarities in the structure of Twinning projects are the following:
General objectives of the projects are:
Analysis of the current situation in legislative, administrative and data man-
agement
Implementation of EU Legislation
Increase of personnel competence
Improvement of administrative structures

Improvement of Methods and Techniques
Improvement of the IT surrounding
Public Information
The contents and standard activities are:
The crucial element of a Twinning Project is the PAA on location in the CC for
the entire life time of the project. He co-ordinates the different activities and
serves as the interface between the CC and the MS. Under his co-ordination the
group of short term expert will implement their duties as fixed in the Covenant
and will find their right counterparts in the CC. This is the basis for almost all
activities carried out during the project.
The easiest and for the individual counterpart most effective support might be the
personal specialist advice wbile the MS expert meets his counterpart in CC.
Through inspection of the current practise he can develop an evaluation and can
give tailor made advice on how to implement the legislation in tbis special field
under consideration. This advice can vary in its extent from giving advice in oral
form from person to person up to an expertise evaluation on how to implement a
new institution or the modelling of administrative procedures.
In order to reach a bigher number of CC officials, e.g from regional administra-
tions, workshops and seminars are organised to teach the EU requirements, the
MS experience and to work out the specific needs of the involved group of stake-
holders. These seminars and workshops can be held by one or more MS experts.
When it is obvious that more staff has to be taught that can be reached by training
potential trainers. That means that a number of CC officials will be selected and
will be trained to later multiply their knowledge by holding the necessary semi-
nars by themselves. This also takes into account that normally the administrations
in the CC specifically on the regional and the local level have a very limited
budget and e.g. the participation in a seminar sometimes cannot be financed.
In one project the idea arose to develop a training module that can be spread via
internet, the so called E-(1ectronic)Learning instrument. This approach will be
tested in an ongoing project for the first time.
Guidelines and handbooks can be worked out by MS experts and produced dur-
ing the project.
The part of the implementation of a certain legislation that is of public interest
shall be distributed by a public information! awareness campaign. This might
contain the production of leaflets and brochures, the organisation of events or the
creation of a website.
In many cases a Twinning project is accompanied by a component for invest-
ment, which means that special money is provided by the EC to purchase techni-
cal equipment in the CC which is basic to implement the legislation, for example
118 Bettina Fellmer
measurement equipment or a new computer system. The procurement has to

strictly follow the EU procurement rules which means generally EU wide tender-
ing. This tendering procedure is - besides the expert knowledge required - a for-
malised procedure that often is yet unknown in the CC. Therefore MS experts
assist the CC administration in elaborating the tender according to the required
formal routine.
Necessary software development can be supported as weIl.
Selected CC officials can be trained or informed during study tours to MS coun-
tries. This gives the possibility to demonstrate in detail and in practise how cer-
tain procedures work. Generally a small group visits several locations in a few
days. Internships in MS administrations are an even more intensive way of
leaming from the practise. One or two officials visit their counterpart administra-
tion in the MS and really participate in the day-to-day work for a couple of weeks.
All these activities are undertaken to reach the pre-given guaranteed results of the
Covenants as the overall project output. The most often results expected are:
Establishment of new institutions
Reform of administrative branches
Establishment of monitoring systems
Qualification of staff
Establishment of information systems
Procurement of technical equipment
Creation of websites and other PR measures
Development of manuals, guidelines, brochures
Below four projects are presented in more detail, two dealing with Environmental
Impact Assessment and two about Air Quality Monitoring:
ENVIRONMENTAL IMPACT ASSESSMENT IN POLAND
OBJECTJVES CONTENT and ACTJVITIES

Co-ordination Kick-off Meeting
Analysis of current situation
- legislation Polish senior officiaJs assess legi lation with help from
STEs
- admini trative procedure I senior official . on ite vi its, interview, discussion, work-
shops
- implementation of SEA I directive workshop on how to implement SEA directive
Study tour to Spai n and NeLherlands (authorities imple-
meming Water Framework Directive)
Improve Information Flow install IT system
tuition for officiaJs by Bavarian Administrati ve School
I Strategie Environmental Assessment

Enable public participation in EIA assessment of public information

study tour to Germany
Establish an Environmental Infor- define technical requirements
mation Management System
install reference solution
Make Polish officials familiar with workshop to develop training modules and material
EWSEA procedures
train the trainers (with a little help from BVS)
Simulation of trans-boundary EIA (Germany-Poland)
traineeship at Bundesanstalt fr Gewsserkunde (Koblenz)
ENVIRONMENTAL IMPACT ASSESSMENT IN SLOVAC REPUBLIC
OBJECfIVES CONTENTandACTnnTIES
Co-ordination Kick-off Meeting
- EIA implemenlalion analyse two existing case studies (Svil, Bratislava)
Slovak expert and PAA elaborate handbook on EIA
EIA of a pilot ISPA project
EstabUsh Information Syst.em for develop four modules (Effeets, Documentary Centre. Pub-
EIA lie. GIS )
workshop on Info system
Train Siovak starr on EIA Train the trainers (25 uni versity and SEAgeney taff pre-
pared to train bureaucralS on EIA)
work hop wilh future trai ners
develop training programme on SEA
2 workshops on SEA and EIA procedures each
study tour to germany to see EWSEA in praclice
Publ.ic awareness campaign seleet service contractor for eampaign
support in designing brochures...
AIR QUALITY IN POLAND

OBJECTIVES CONTENT and ACTIVITIES
Co-ordination Ki ck-off Meeting
- legislalion exami nalion by Polish and MS experts
-measuring und monitorin g systems inspection by Polish and MS experts
- comparison to EU standards Study tour to Austria and Gerrnany
lmproving techn.ical infrastruclure evaluation
lisl of wishes
120 Bettina Fellmer
Identify levels of pollution

- representative measurement training of staff and installing of software
- analysis of air emission inventories
- modelling of concentration levels adapting MS models to Polish situation
Software
- Zonation and documentation workshop on zonation and documentation
- comparison to EU procedures seminar and study tour (voivodship experts to Ger-
many)
Action Plans for Improvement of ambient air Teaching the know how
quality
Public Information elaborate special warning procedures
Disseminating info to relevant staff Tuition in both theoretical and practical modules
AIR QUALITY IN CZECH REPUBLIC
OBJECTIVES CONTENTand ACTnnTIES

Air quality monitoring
combine air quality monitoring and licensing of as es administrative Slructure
plant and equ ipment (integrated approach)
improve internal flow of information recommendations for optimal organi ational
(centre - region) structure
improve Olea uring methods and techniques Training programme
Evaluation of tender (procedure ) fo r measur-
ing instru ments
establish private measuring institutes Workshop
en ure information of public Workshop
(alarm procedures in case of transgression)
Clean Air Initiatives
Programme for Air Quality Improvement for support in definition of urban aggregations and
urban agglomerations (EU direcLi ve!) elaboration
improve smog control
National Clean Ai r Strategy workshop
Licensing
EU-conform Iicensing procedures expert panel on principles of licensing
info rmation programme for regional stafr
5. The management of a Twinning project

The instrument of Twinning projects was introduced in 1998. The intention was
to intensify the effects of Institution Building in the accession countries and
therefore to strengthen the direct input of administrative experience in preference
to consultancy advise. For the MS adrninistrations this was areal challenge very
actively accepted. Especially the competitive situation when applying for a
project against other MSs was a fruitful- sometimes very new experience. How-
ever in times of a tense financial situation in the public sector and ongoing admin-
istrative reforms it is rather difficult to give room and capacity to new tasks. So
most of MS participating in the Twinning business chose to outsource the time
consuming tasks of project and financial management and concentrated on the
project leadership. In Germany project managers from several bigger and smaller
companies are specialised to offer support in this form of project management.
One of them is the GfZ (Deutsche Gesellschaft fr Technische Zusammenarbeit
GmbH). GfZ is a company owned a 100 % by the German Govemment. GfZ has
organised the main part of German technical assistance for developing and tran-
sition countries in all continents for more than 25 years. Based on this experience
and a broad existing network in middle and eastem Europe the GfZ Twinning
Office was founded in Berlin as a unit working independently from the GfZ
Headquarters which is based in Eschbom (elose to FrankfurtlMain). So it is elose
to the head quarters of almost all Federal Ministries. Offering specialist knowl-
edge to almost every field ofEU-legislation the GfZ Twinning office is in charge
to support the German Federal Ministry for Environment, Nature Conservation
and Nuelear Safety in a big number of its projects plus overall co-ordination
tasks.
But why is it advisable to develop this specialised field of project management?
It is necessary because there is a load of work behind the experts' work on loca-
tion that makes a project run:
The GfZ support starts when a ministry has decided for an application and the
proposal has to be prepared. First of all the ministry is to be supported to find an
adequate PAA candidate. Once he or she has been selected he has to be prepared
for the application. So the "idea of Twinning" and the meaning of a project fiche
has to be explained as well as the EU procedures and last but not least the finan-
cial terms. Ideally the acting project manager or his company has already some
experience in the Twinning business that he can offer some advise in the general
strategy on how to draft the proposal. The project manager supports the concep-
tion of the proposal. Depending on the initiative of the others involved this varies
from editing to the complete preparation. Additionally he will prepare the pres-
entation of the proposal in the CC.
Once the project has been won the preparation of the Covenant starts. In elose
co-operation with the designated PAA the project manager will structure the
project and define the objectives according to the requirements of the project
fiche and the current requirements of the CC project partner which are to be ana-
lysed and up dated as the very first step. Out of these the activities will be devel-
oped. Adequate short term experts will be recruited and their secondment and
conditions from their horne administrations have to be negotiated. The project
plan has to be transferred into a detailed budget plan according to the rules of the
Twinning manual. Most of the activities are being divided between PAA and
project manager (entweder immer klein oder immer gro!) taking into consider-
122 Bettina Fellmer
ation the personal focus of the PAA. The idea is to give support where it is
needed. Only the budget plan is almost always prepared by the project manager
because it requires very specialist knowledge that can not be expected to be
acquired by a PAA only for one project.
Parallel the conception of the project plan has to be co-ordinated all the time with
the CC project partner. If there has to be a consortium formed because other MS
countries are involved as junior partners the conception of the Covenant but also
the preconditions of co-operation have to be co-ordinated.
Once a common Covenant proposal has been agreed upon, the co-ordination with
EC Delegation in the CC and the Twinning Steering Committee in Brossels starts.
Several to-ing and fro-ing are necessary to reach a version ready to be approved
by the European Commission.
In an ongoing project the services of the GTZ Twinning Office can vary again
according to the requirements of the PAA. One key function might be to represent
the interests of the Project Leader and to monitor the whole project process ..
The organisation of missions is supported by the project management as well as
the overall financial management. This includes among others the invoicing
with the EC Delegation, the accounting of a project, changes in the budget and
the payment of the expert missions. These tasks are very important and are mon-
itored by independent auditors. They have to be carried out very carefully in
order to meet the requirements of the EU accounting roles.
Additionally, the GTZ is acknowledged as "Mandated Body" by the European
Commission and therefore allowed to initialise and implement Twinning projects
on its own representing a governmental organisation.
Further the GTZ Twinning Office gives overall support to the German National
Contact Point for Twinning situated in the German Federal Ministry of Finance
and other Federal Ministries.
6. Experience so far
There had been approaches to evaluate the Twinning instrument from different
perspectives (see e.g. the 'Twinning in Action' brochure of the EC). Below some
impressions from setting up and implementing a project from the Member state
view are mentioned:
The most challenging task in the preparation phase is to identification and selec-
tion of a technically and personally suitable PAA candidate. Besides a long-
standing experience in the specific area of work he or she should meet further
requirements such as openness for new experiences, willingness to leam and to
accept cultural differences and good English language skills. He or she should be
motivated in playing an active part in managing the process of accession. This
includes the interest in collecting experience in an international surrounding and
the development of the own personality.
Onee a eandidate has been found, his home administration has to approve his
engagement for the duration of the projeet. At this point often new obstacles arise
due to a very restrietive policy of some administrations in seconding experts. In
times of administrative reforms and rationalising in all levels it is difficult to
renounce for a year for an experieneed person. Potential candidates often hesitate
because it should be recommendable not to leave the post once aehieved. Unfor-
tunately it is often not recognised the advantages both the home administration as
well as the PAA candidate can gain from an experience abroad.
In the implementation phase the Candidate Country is obliged to give an input to
the project. Ideally during the Covenant phase the counterparts for the PAA and
the short term experts have to be named. This is often difficult, because the CC
administrative structure and capacity are not yet that specialised as the MS struc-
ture. Often neeessary tasks are allocated to one person in the CC for which you
will find several specialists in the MS. Obviously, this causes time constrains.
While the PAA is free to do his job in the CC and the MS experts are available all
day once they are on mission the CC experts have to manage the Twinning
projeet parallel to their daily work. This often causes conflicts.
Often the aim of the project is to train the regional level for the implementation
of the specific project topic. Then normally seminars are organised by the PAA
and the CC Project Leaders. One obstacle is that regional administrations are not
always able to finance the travel costs for their experts allowing the participation
in seminars. The other was round: When the MS experts on the other side travel
to the regions there often arises a language barrier, because a communication in
English will not be possible.
A Twinning project is complex in structure, comprising regular meetings with
different parties from different countries, working levels and working contexts in
a strictly limited time period. The CCs have different working rhythms and holi-
day behavioUT. Therefore it should not be underestimated the ehallenge of time
planning and co-ordination which occurs in most cases. Of all this the PAA is in
charge, because he is the interface between all groups involved.
One very positive experience worth to mention is the development of contacts to

groups and institutions like e.g. Non Governmental Organisations (NGO's) that
normallyare not direct1y linked to the work of ministries. Once a contact has been
established they might feel encouraged and become very active in supporting the
project topic.
7.0utlook
The number of Twinning projects is still increasing. The project titles tendered by
the CC tend to concentrate on certain topics where the accession negotiations are
not yet finished. Although the accession to the EC is expected for most of the can-
didates by the end of next year it is very probable that the twinning instrument
124 Bettina Fellmer
will be applied even after accession to strengthen the administrations for the new
tasks.
Based on the model ofTwinning there had been launched an Institution Building
Partnership Programme with the NIS countries Russia, Ukraine, Armenia and
Georgia to support the administrative reforms in these countries. For the Balkan
States similar plans are published.
Sources
Bundesministerium fr Umwelt, Naturschutz und Reaktorsicherheit, 2002, Twinningprogramm
der EU-Kommission, http://www.bmu.de/europa/fsetI024.php
GfZ Twinning Office, 2002, GfZ Twinning Office, http://www.gtz.de/twinning-buero/englishl
The European Commission, 2002, Pre-Accession Assistance for Institution Building - Twin-
ning, http://europa.eu.intlcommlenlargementlpas/twinning/index.htm
Twinning in Action, brochure of the European Commis si on, Enlargement Directorate General,
October 2001
Twinning as an instrument for implementing
the principles of ecological planning
in the countries of Central and Eastern Europe
Marianne Badura
1. Basics
According to Article 49 of the EU Treaty every European country can apply for
the membership in the European Union if it respects the principles of freedom,
democracy as well as the Human Rights, freedom and the rule of law. This has
been the basic assumption during the past 12 years in the negotiations for acces-
sion with 12 Candidate countries from Central and Eastem Europe (CEEC). The
most recent resolution taken during the EU summit in Copenhagen to grant
accession to these 12 countries by January 1SI, 2004 by now successfully closes
the biggest enlargement procedure in the history of the European Union.
The negotiations for Accession have been done for every chapter of the European
legislation, the so-called Acquis Communautaire, as the implementation of the
European laws, standards and procedures is the main condition for accession. For
the Chapter 22 Environment, transition periods have been agreed upon with
every Candidate Country with regard to the fulfilment of requirements resulting
from all Directives and regulations of environmentally relevant sectors. Due to
the strongly varying economic and social starting conditions in the different Can-
didate Countries, the duration of transition periods agreed upon differ according
to the situation in every country.
The middle and long-term goal is the harmonization of the legislation and of the
living standard in all CEE countries and also in comparison to the EU Member
States. One instrument to support the process of harmonization of legislation and
the strengthening of the corresponding administrative capacity and procedures is
the so-called Twinning programme of the European Union.
On the one hand its objective is the implementation of the Acquis commun-
autaire, on the other hand it aims at strengthening the process of institution build-
ing and the strengthening of ,human capital' in the Candidate Countries. Another
effect which is strongly desired is the establishment of long-term relations and
co-operation between the involved administrative bodies in both countries.
Twinning projects have been implemented since 1998. The project contents
result from the catalogue of requirements out of Chapter 22 Environment for the
harmonization of legislation. In a second step changes in the administrative sys-
tem of the corresponding country become necessary in order to fulfil the regula-
tions of the Acquis communautaire.
126 Marianne Badura
2. Procedure
The following actors are involved in the implementation of the Twinning pro-
gramme:
The EU Commission in Brussels acts as supervising authority and co-ordinates
the project contents as well as the financing of the projects and the interaction
with other EU programmes like PHARE, SAPARD, etc.
The local EC Delegations in the CEEC have overtaken the function of interlocu-
tor and contact for all questions directly related to the project implementation at
operationallevel. At the same time, they are supervising whether the Guaranteed
Results and benchmarks which are formulated for every project are achieved.
The Central Finance and Contracting Units (CFCU) in the different CEEC are
responsible for the financial administration and management of all Twinning
projects. Moreover, they are the contact for all questions on contracting and ten-
dering in the course of a project.
The Pre-Accession Advisor (PAA) coming from one of the EU Member States
assumes the function of a specifically qualified project coordinator in the
involved administration of the CEEC (in most cases she/he is placed in the Min-
istry of Environment or in the National Institute for Environment).
The Ministries ofthe CEEC and their subordinated administrations are responsi-
ble for the implementation of the project activities at operationallevel. They are
working together with the team of Member State Short-term experts (STE) and
the PAA to realize the specific project contents and activities which have been
agreed upon in the Covenant.
The Ministries of the EU Member States and their subordinated administrations
agree to put qualified experts out of the different administrative levels at the dis-
posal of Twinning projects. The STE are responsible for clearly defined parts or
activities of a project. They offer their knowledge and practical experience in the
daily administrative work of an EU Member State in order to achieve the best
solutions for the legal harmonization and the establishment of corresponding
administrative procedures in the CEEC.
It is obvious that the national particularities of the corresponding Candidate
Country are taken into consideration in order to instali the best and efficient
working administrative structures and procedures possible.
In case additional specialists from EU Member States become necessary in order
to implement a certain special activity in the course of the project, it is also pos-
sible to integrate a private expert according to determined rules in the framework
of Twinning. This might become necessary for example for the programming of
aNational Database on Perrnitting and Licensing, etc.
Twinning Projects are implemented according to special procedures and rules
which can be found in the ,Twinning Manual'. The tendering of Twinning
Twinning and ecological planning in CEE countries 127
projects is done by the corresponding Candidate Country in accordance and co-

operation with the local EC Delegation. This comprises also their content and
financial volume which prevents the administrative authorities in the CEEC from
being overtaxed by project activities.
After the tender document (Project fiche) for a Twinning Project has been pre-
sented, every EU Member State which is interested can submit an offer for its
implementation. It is advisable to present at the same time an appropriate PAA, a
rough project structure and the involved key experts and backstopping authorities
in the Member State. It is possible that two Member States submit a common
offer.
During a session which takes place at the localEC Delegation, the offers submit-
ted are presented. The participants of the presentation are the representatives of
the involved authorities of the Candidate Country and representatives of the EU
Delegation. Every delegation has one hour at its disposal to introduce the PAA
and to present the offer submitted in a more detailed way. The decision for the
country which will be the partner for the implementation of the project is taken by
the CEEC together with the local EC Delegation. It is possible to co-operate with
one EU MS only or to choose a consortium of two or three EU MS maximum.
Once the decision for the partner country(ies) has been taken both partners start
to elaborate the Covenant. The Covenant details and stipulates the exact project
content (activities) and their timely framework.1t is usual to divide the project in
several work packages which are divided in activities. The MS Short-term
experts are assigned to the different activities according to their specific experi-
ence and the costs occuring for their implementation are budgeted in the frame-
work of the project. In order to achieve the highest possible performance the
activities are detailed by listing concrete benchmarks and stipulating responsible
persons at MS and CC side per activity. The success within the project can be
measured by checking the benchmarks fixed. The EU Commission in Brussels
finally approves the Covenant. At the date of notification of the Covenant the
project starts and the PAA can resurne his/her work in the CEEC.
3. The participation of the Federal Republic of Germany

So far, the participation of Germany in the Twinning programme in the sector of
environment has been very successful. In July 2002, 23 projects had been imple-
rnented under German leadership with an average project budget of EURO
700.000. The number of projects with German participation amounted to 33
projects, i. e. in 10 other projects German Short-term experts have worked under
the leadership of other EU Member States.
With regard to the specific content of the projects the main focus up to now has
been put on environmental proteetion in the field of waste management, water
and air quality. The projects can be summarized as follows:
128 Marianne Badura
Introduction of a waste management legislation (BUL)

Development of a waste strategy (RO, SK)
Management of air quality, air monitoring (BUL, EST, LIT, PL, HU, CZ)
Chemical safety (BUL)
Water Framework Directive, waste water treatment, drinking water (HU,
BUL)
Implementation of the IPPC Directive (CZ, HU, BUL)
The principles of ecological planning within the sector of horizontallegislation
or cross-sectoral projects have been implemented in the following projects:
EIA Directive (PL, CZ, SK)
Development of structural funds, Financing strategies, Central environmental
funds (PL, CZ, LIT, HU, SL)
Development of a general environmental strategy (BUL, PL)
Support in institution building, Strengthening of Regional Authorities (HU,
CZ, SL)
The least Twinning projects have been implemented so far in the sector of nature
conservation and protection of species. The reasons for this are at the one hand
the very good conservation status of valuable areas and natural habitats. At the
other hand, projects in the sector waste water treatment, waste management or
drinking water protection are more urgent for the daily life of the people. Many
projects in the sector of nature conservation and protection of species are often
subject of financing by other programmes like PHARE or LIFE (for certain
CEEC) or by bilateral funding. The implementation of ecological planning in the
sector of nature conservation has only been realized so far in two projects:
CITES convention (trade with protected species; BUL, German participation)
Implementation of the Acquis communautaire at regional level, Part CITES
convention (CZ)
The first Twinning project in the sector of nature conservation under German
leadership has been given to Germany in 2002. Its objective is the implementa-
tion of the Habitats and Birds Directive in the Slovak Republic.
Further Twinning projects under German leadership and participation are ron in
other Federal Ministries. The following departments are involved: Judiciary,
Finance, Agriculture, Labour and Social Affaires, Health.
4. Experiences with Twinning projects

In the following chapter some experiences out of current or already finished
Twinning projects will be reported. Moreover some aspects of possibilities and
limits of Twinning will be discussed.
The very ftrst Twinning in the sector Environment in Bulgaria (1998) may serve
as an example for the acceptance of ecological objectives, especially the sub-
project "Development of the National Environmental Strategy and the National
Environmental Action Plan".
The basic information available for the project was:
National Plan for the Adoption of the Acquis communautaire
Existing legislation in the different environmental sectors according to the
requirements of the Acquis communautaire (Horizontallegislation, air quality,
waste management, water, nature conservation, Seveso 11, chemical sub-
stances, GMOs, noise, nuclear safety and Radiation protection)
Institutional assessments in the different environmental sectors (BUL-98,
BUL-99)
SWOT-Analysis in the different environmental sectors in the framework of the
project
The Guaranteed Results according to the Covenant were:
National Environmental Strategy
National Environmental Action Plan
Discussion of the results at inter-ministerial level
Details on necessary measures at short-, medium- and long-term level for plan-
ning and projects
In the framework of the project numerous interviews were made with represent-
atives of all relevant environmental sectors mainly at ministerial level. The
results were discussed in workshops which were at least cross-sectoral and later
on also involving other ministries. The discussion during these workshops aimed
at finding solutions for difficult cross-sectoral questions. It became obvious that
the integration of ecological planning into other politic sectors is not considered
as a priority. Almost without exception the ftrst priority was given to the eco-
nomic development of the country. In case of possible restrietions on develop-
ment areas or regions for ecological reasons it was only possible to formulate
"objectives" for the proteetion of sites or territories but no concrete measures. In
any case reference was made to the priority of a general increase in living stand-
ard for the people and the economic development necessary to achieve this. In
order to illustrate this statement, 3 examples for EU Directives will be shortly
described for which the legislative step of implementation (nationallegislation)
has already been ftnished. Their implementation into daily life, however, proved
to be very difftcult for several reasons.
Example 1: Fee for waste water treatment
A great deal of the National Programme for the construction of waste water treat-
ment plants had successfully executed untiI199912000. The majority of medium-
sized communities (> 10.000 inhabitants) had already been connected to a central
130 Marianne Badura
waste water treatment plant. The financing of investment had been done by for-
eign means (EU and other). The financing ofthe regular costs, however, has to be
settled by raising fees for the households connected. As the real incomes of the
inhabitants are very low, it is not possible to demand the realistic costs. If it is not
possible to get subsidies from the State Budget to cover the cost for maintenance
of the waste water treatment plants, the investment itself will get lost at medium-
term. The same situation can be found in the sector waste management in the case
of fees for the disposal of waste at regular disposal sites.
Example 2: 2000/53IEC Council directive on end-of-life vehicles
The directive on end-of-life vehicles was subject of the first Twinning project
where a draft bill was elaborated which was transposed into Bulgarian legisla-
tion. The implementation in the daily life of people, however, will take many
years as 80% of the vehicles currently running in Bulgaria belong to the Category
of end-of-life-vehicles. The correct disposal of these old vehicles has not been
possible so far because the technical installations for it are not available.
Example 3: Council Directive on the content of lead in petrol (85/210IEEC)
As mentioned above, the majority of Bulgarian vehicles is rather old (approx.
80% of the vehicles is more than 10 years old). The technical standard still
requires the use of leaded petrol. Therefore the implementation of the Directive
simply is not possible as otherwise at least half of the population would have to
do without a car from now on. As the harmonization of legislation in the Candi-
date Countries also has to take care of the sodal situation of the people, for the
above-mentioned Directive the agreement on a transition period has been neces-
sary. It has to be guaranteed, that almost everybody will have the possibility to
buy a more modem car which can be driven with unleaded petrol.
The Twinning project on the "Implementation of the Habitats and Birds Directive
in the Slovak Republic" shall serve as another example for the foreseen imple-
mentation of ecological planning by Twinning.
The basic information for the project are:
New Act on Nature Protection for the implementation of both Directives
National data on protected habitats and species for the selection of potential
sites according to Habitats and Birds Directive
National data and data base on protected areas and species
The Guaranteed Results planned according to the Covenant (not finished yet) are:
Information campaign for an increased sensitivity of the population and other
involved actors (stakeholders) for the objectives of Habitats and Birds Direc-
tive
Capture of areas and data in a geographic information system (GIS) with
detailed borders of protected sites as weIl as the integration of areas and related
data in a data base on Natura 2000
Installation and application of a national intranet for the administration of pro-

tected sites according to both Directives
Seminars in GIS for the staff of involved administrative bodies at different lev-
els to guarantee the correct implementation of both Directives
Elaboration of guidelines for the elaboration of Management plans according
to Habitats and Birds Directive for the different categories of protected sites
Elaboration of template Management plans for all protected sites (> 10.000 ha)
An important part of the project will be the integration of all involved stakehold-
ers and persons in the process of designation of protected sites according to Euro-
pean legislation as well as the communication of a sustainable development of
land use. Therefore especially the sectors forestry and agriculture have to be inte-
grated in the process of designation from the very beginning and areal partner-
ship has to be established. The objective has to be a direct approach to implement
the proposals made in the framework of the Agenda 2000 which proposes to aim
at a maximum of extensive land use in agricultural practice. This could create the
possibility to implement from the very beginning the approach of sustainable
development as the exemplary and basic principle for further development in the
Slovak Republic.
The performance of Twinning in implementing the principles of ecological plan-
ning is limited because many questions can only be dealt with within the CEEC
internally. Two main aspects can be described which have an adverse effect on
the successful implementation of Twinning projects:
At the one hand, there are general administrative problems arising in the course
of projects. The problems within the CEEC can be listed as:
the overload of staff in the involved authorities
the high rate of staff fluctuation in the ministries and administrative bodies
the lack of experience of young employees
the lack of financial means in the implementing authorities
the fact that currently ongoing restructuring measures within the administra-
tion disturb a continous co-operation with the staff and between different
authorities.
At the other hand, there are difficulties in implementing concrete project activi-
ties/work packages due to project specific reasons:
The members of staff who are particularly qualified in the specific departments
and who are the counterparts of MS Short-term experts are overloaded.
The informal and official co-ordination between institutions and ministries
which are participating in the project is not working weH enough.
Necessary data for the implementation of defined activities is not available (at
time).
The willingness to co-operate with MS Short-term experts sometimes is low.
132 Marianne Badura
The understanding of working methods in the framework of projects happens

to be different, (e. g. the form of doing workshops which offer the possibility
for everyone to express his/her opinion).
The experiences out ofthe active work and partieipation in Twinning projects and
the process of Twinning are the background for the following conclusions with
regard to the understanding of the ecological planning prineiples by the people in
eEEe:
Ecological conseiousness as a basis for ecological acting is increasing gradu-
ally.
During Soeialist times, soil, water and air have only been considered to be the
basic factors for productivity. The protection of soil, water and air and thus of
human health were not considered to be of any importance. There was no real dis-
cussion on this topic. However, to act in an ecological manner requires the
knowledge of interrelations and of the consequences of own actions. As this proc-
ess of constant learning only started afresh within the people of younger genera-
tions, the development of ecological conseiousness can only increase gradually.
The demand for consuming is high due to the speeific situation of the popula-
tion. The readiness to accept restrictions on the wish to consume for ecological
reasons consequently is very low.
Ecology in many aspects is an article of luxury. The damage to ecological sys-

tems resulting from the past few decades and dangerous waste from the past
require huge amounts of money which cannot be covered by the eEEe only. The
costs for it have to be borne by foreign investors, the different CEEC themselves
and the citizens. In view of very low per capita income it becomes obvious that
for the majority of people (and countries) ecology is a very expensive article of
luxury.
The variety of species and the reservoir of valuable natural areas in the eEEe
is high. This leads to the assumption that the necessity of taking conservation
measures has not to be given priority.
Due to former centralistic structures in most of the eEEe on the one hand there
have been many regions with a very intensive land use. On the other hand there
have been many regions which can be considered as economically underdevel-
oped. In this regions many plant and animal species could survive. As a conse-
quence of the economic crash and the changes after 1989, huge territories for-
merly used as farm land have been left out of use. The redistribution of land to its
former owners also caused a lot of land being out of agricultural use. Many spe-
eies took advantage of this situation to spread anew and to 're-conquer' habitats
which were lost.
As there is no actual need to increase the amount of farm land in order to increase
the production of food, nowadays, the pool of valuable territories which should
be given a protection status is high (esp. in comparison with some EU MS). The
necessity to protect huge territories in order to secure their future sustainable

agricultural use, often cannot be understood as there is no actual need for it.
The CEEC are afraid that they are used as an alibi by the EU Member States for
the implementation of ecological objectives which cannot be achieved any-
more there. This is valid especially with regard to the conservation of species
and habitats.
The above-mentioned facts show that currently no intensification of land use in
the CEEC is necessary, as the goods which could be produced are not needed at
the Common market. By joining the EU, the CEEC are entitled to the same agri-
cultural subsidies as the EU Member States (see decisions taken on the subject
during most recent EU summit in Copenhagen in autumn 2002). The agricultural
as weIl as the environmental policy of the EU may not distinguish between old
and new members and has to demand the same environmental standards in all
countries. In most ofthe "old" Member States, to fulfil this task probably is more
difficult than in the CEEC. The development in the CEEC is very dynamic and
still offers more possibilities as new structures have been steadily created. A very
appropriate example is the implementation of the Habitats and Birds Directive in
Germany (and other EU MS) which has to resist the pressure of many stakehold-
ers who insist on their long-existing rights (e. g. agricultural practice).
The three most important conclusions for the implementation of the principles of
ecological planning in Eastem Europe are:
The econornic constraints of the population must be prevented from being a
constant obstacle in the process of implementing ecological improvements and
demands.
The economic development of the country must not be given priority in any
case to ecological aspects, e. g. the designation of big protected areas.
The development of a successful ecological policy and its implementation can
only be achieved, if econornic development is possible. The economic devel-
opment, however, has to be orientated at sustainable principles.
The question whether Twinning projects contribute to the implementation of eco-
logical principles in Central and Eastem Europe can clearly be answered in the
affirmative. The most important effects in this context can be described as fol-
lows:
The preparation (administrative, legislative, etc.) for the implementation of a
Twinning project already requires a high level of work on the content of EU
Directives and regulations by the staff of involved authorities.
The selection of "Best Practice" for the own country out of different examples
from EU Member States demands an intensive analysis of the own situation as
weIl as of the methods and procedures applied within the EU.
134 Marianne Badura
The technical requirements for production installations are high, at the same
time giving incentives for the application of modem technologies and invest-
ments.
The licensing and controlling authorities have to apply state-of-the-art technol-
ogy in order to be able to execute their function. This requires a high qualifi-
cation of the staff with the corresponding knowledge in ecology and technol-
ogy.
In the framework of Twinning projects the training of specific knowledge and
management abilities as weIl as foreign languages for the staff is of great
importance. Training measures are part of almost every project and constitute
a high investment in the people and the transmission of ecological conscious-
ness.
By implementing EU standards a climate of safety for investments is created
which is the basis for creating new employments.
The implementation of Twinning projects a lot of knowledge and European
philosophy is transmitted which can be the basis for long-term relationships
between EU MS and CEEC.
The effort to support the implementation of ecological planning principles in the
CEEC must not aim at introducing EU standards as an obligation for every sector.
The EU Member States also have to be prepared to think of integrating useful
methods or standards which have been applied in the Candidate Countries. One
example is the practice of agricultural methods which have been causing exces-
sive costs for the whole economy.
HopefuIly, the Candidate Countries express their opinion on superfluous EU
standards or regulations, which certainly exist. It is advisable not to accept all
Directives and Regulations without any criticism as country specific situations
demand specific answers.
The implementation of the Acquis communautaire requires the co-operation of
administrative bodies at all levels and supports the exchange of opinions between
authorities and people. The Twinning programme offers a great possibility to
leam from each other. For the MS experts, it offers the possibility to get to know
the countries of Eastem Europe in a very realistic way as those countries have
been widely unknown to the people from the European Union unti11989.
"Twinning" therefore not only contributes to the implementation of ecological
planning principles but also to realize the vision of a unified, living and diversi-
fied Europe.
Twinning - achallenge for both candidate
countries and Member States
Franz Ellermann
After the formal invitation to the accession to the EU from the EU Commission
the accession partnerships programs with all so called "candidate countries" were
signed. The main aim of those accession partnerships is the concentrated support
for the candidate countries at the preparation for their accession i.e. development
and stabilization of democratic structures, creation of more effective and to the
public opened authorities and administrative bodies on the national and regional
level and last but not least the help with the adoption and implementation of the
Aquis Communitaire. For the environmental sector is the following relevant:
Reinforcement of administrative structures and authorities in Candidate Coun-
tries on national and regional level (ministries, regional inspectorates etc.)
Establishment of environmental institutes and agencies (monitoring institutes,
laboratories, information exchange and networks, improvement of manage-
ment)
Adoption of the Aquis Communitaire (to comply with EU requirements in
general)
Implementation ofEU Directives (to meet the requirements under each Direc-
tive)
Development and enforcement of legal, administrative and technical regula-
tions
Development and enforcement of environmental policies, strategies and action
plans for implementations etc.
The financing of the accession partnerships is within the Agenda 2000 until the
2006 foreseen. The Agenda 2000 was agreed by Members states beginning 2000
(decision from Berlin) and it consists of three programs PHARE, ISPA and SAP-
ARD.
1. What is Twinning?
With the aim to reach these ambitious plans within the short time and in order to
follow, to evaluate and to manage the common results, the new TWINNING
Instrument was introduced. Since 1998 the PHARE Program has been running in
all important political fields. TWINNING manages the common work of experts
from MSs (member states) and CCs (candidate countries) in specific Projects.
Especially the MSs-CCs experts co-operation is considered by the EU-Commis-
sion as a very effective and financially reasonable support for the accession of the
CCs. Therefore the main objective is to establish such a co-operation between the
136 Pranz Ellermann
CCs-MSs experts in order to ensure the know-how exchange by the adoption,

implementation and enforcement of the EU Directives into the nationallaw in the
CCs. In fact such a co-operation will help the CC administrations with their prep-
aration for accession. For the field environment should be the instrument TWIN-
NING described on the example of the IPPC project between Czech Rep., Den-
mark and Germany.
2. How to create a Twinning project

Very briefly it can be said that a twinning project is set up by procedure when the
CC (in this case the CR, represented by the Czech Ministry of Environment)
holds annually a meeting with the EU delegation to the CR and they together
agree what are the specific working programs for the implementation of Aquis in
the environmental field. The annual complexity of such working programs is
aimed at the implementation of Aquis communitaire in the given field. This
bunch of difficult task is at least manageable with the division of such big sc ale
task to the annual, mutually foIlowing and developing Twinning-part programs
and through their division to the specific Twinning-projects that have their own
fix budget and exact project duration.
The individual Twinning projects of the specific year are being announced by the
EU Commission in the Member States. They can than apply for practical realiza-
tion of the project in a written form in the Candidate country and EU-Commis-
sion with so called "proposal" for the realization as weIl as with the candidate for
the PAA position. CC and EU Delegation manage together the selecting proce-
dure where MS countries present their proposals and discuss it with CC experts.
Finally the CC decides for one (or for consortium of more states) MS Twinning
Partner.
After this selection of the Twinning Partner the partners together specify in detail
the twinning project in so called Twinning Covenant. According to the Twinning
Manual of the EU-Commission this Covenant contains rules for aIl formal
Aspects of such an international cooperation. These ruIes are specified in the
Framework Agreement between the EU-Commission and aIl CCs as weIl as in
other accession partnerships (they will not be mentioned in detail in this paper).
Other very important parts of the covenant are: detailed project planning includ-
ing breakdown of cots, work plan and the time schedule. Both project leaders
from the Ministries of environment are being nominated and agreed. The same
procedure is applied for Project and finances management, PAA and involved
STEs from the MS. The realization ofthe projects begins after the acceptance of
the covenant by the Twinning Partners and the EU-Commission. The duration of
the projects ranges from 12 to 24 months but most common are 18 to 24 months.
Twinning - achallenge for both candidate countries and Member States 137
2.1 Description of the Twinning Project CZ 2000/lB/EN01

"Implementation Structures for IPPC an Integrated Register IRZ"
In this project with the Czech Ministry of Environment (represented by its IPPC
unit) takes part MS Denmark (represented by the Copenhagen County) and MS
Germany (represented by the Ministry for the Environment, Nature Conservation
and Nuelear Safety). It is so called 2000 Twinning project (Note: in the CZ MoE
are being realized three 2000 Twinning projects as weIl as one 2001 project, for
2002 there are other four Twinning projects in preparation). The practical reali-
zation of the IPPC Twinning project was started in Febroary 2002 and will be fin-
ished at the end of July 2003. In this project approx. 30 STEs take part. They will
spend all together within 18 months 630 working days in the Czech Republic.
The contributions ofthe STEs are directed and organized by the PAA (Pre-Acces-
sion-Advisor, long-term expert, working for the whole duration of the project in
the MoE) in Prague in elose co-operation with the Czech partners. All together
about 90 missions will take place. In one mission there are usually 2 STEs taking
part for about 4 days. They work in Prague or in a region together with CZ
experts.
2.2 Background of the IPPC Project

The overall objective of the CZ2ooolIBlEN/01 Twinning Project is to assist the
Czech Republic in aligning its nationallaw, roles and procedures in order to give
effect to the EU IPPC legislation, as weIl as to ensure full institutional capacity
(Institutional Building) in fulfilling the planning, regulation, reporting and infor-
mation requirements of the IPPC Directive as listed in the Handbook on Imple-
mentation of EC Environmental Legislation.
In the course of the project, the institutions involved in the implementation of the
IPPC Directive in the Czech Republic will be supported in the enforcement and
the implementation of regulation procedures proposed in the Bill on IPPC and in
creating a flexible system for the application of BREF (recommendation for best
available technique application). The assistance will be aimed at the main respon-
sible body for IPPC implementation in the Ministry of Environment (the MoE),
envisaged permitting authorities (i.e. Regional Authorities and Ministry of the
Environment), and other participants of the integrated permitting process (e.g.
Czech Environmental Inspectorate, Regional Hygiene Officers) as defined in the
Czech Bill on IPPC. The training of the future staff responsible for permitting,
monitoring and reporting procedures under IPPC will be an integral part of the
project. Additionally, expert support to the MoE will be given in the establish-
ment and the maintenance of Integrated Pollution Register (IRZ) in the Czech
Republic.
138 Franz Ellermann
2.3 Structure of the Project

In order to achieve these wider objectives, the project will be carried out in 10
Work Packages.
Work Package 1: Inception Phase
Work Package 2: Institutional Assessment; Gap Analyses of the Czech
Administrative Structure (State and Condition) in the area of Industrial Pollu-
tion Control
Work Package 3: Creation of 14 Regional Implementation Strategies for
IPPC; including Time Schedules for Integrated Permits Issuing
Work Package 4: Preparation ofTraining Programs for IPPC Implementation
Work Package 5: Pilot Permits Issuing
Work Package 6: Development of an Implementation Plan for the Monitoring
System and the Management of the Monitoring; Training Program 'Monitor-
ing Requirements under IPPC'
Work Package 7: Information Exchange, Information System IPPC, IRZ and
support regarding reporting requirements of the IPPC Directive
Work Package 8: Information Exchange on Application of BAT and BREF
Work Package 9: Experience Exchange
Work Package 10: Conclusion of the Project
2.4 Contents of some work packages of the IPPC Project

Work Package 2: Institutional Assessment; Gap Analysis of the Czech
Administrative Structure (State and Condition) in the area of Industrial
Pollution Control
Overall aim:
The analyses of the current state and the identification of shortcomings of the
Czech legislative situation, administrative structure and related institutions in the
area of industrial pollution control and the review of the existing IPPC implemen-
tation plan will provide the information background for Work Package 2 in the
project and will lead to the final implementation plan including recommendations
for future implementation and enforcement of the IPPC Directive in the CR.
Expected results oi Work Package 2:
Providing the necessary background information to all project partners as a
basis for successful proceeding of further Activities within the project.
Identification of problematic issues of Czech IPPC implementation (e.g. inter-
pretation of the IPPC Directive provisions, information, financial and person-
nel resources).
Advice from MS experts on problematic issues based on the experience from
the implementation of the IPPC Directive in Germany.
Identification of weaknesses of the information system among concemed ins ti-

tutions.
Advice on personne1 and structure of the expert body (Le. Agency for Sustain-
able Development defined in the Bill on IPPC,) which is envisaged to be
responsible for the information exchange on BATIBREF between the Czech
Industry and affected institutions.
Development of scenarios for possible impact of substantial changes of the
Czech Act on IPPC in the Parliament on the implementation of IPPC.
Review of the Implementation plan of the IPPC and related directives and
identification of problematic aspects.
Within the Activities re1ated to this work package the 'Member State-Czech
Team' will collect all relevant information on the institutional capacity, existing
information management and existing procedures relevant to IPPC. The input for
the analyses consists of the legislation in force and forthcoming acts, strategic
documents (e.g. implementation plan on IPPC), previous projects reports and
outputs and information exchange with the representatives of the concemed
administrative bodies. Further information on roles, functions and applied proce-
dures in the industrial pollution control related administrative bodies will be
gathered through discussion with the representatives and permitting personnel.
The 'Member State - Czech Team' including the PAA will prepare a list of ques-
tions aimed to gather the necessary information. Particular attention will be paid
to the institutional / administrative enforcement and implementation capacities at
the regional level. The Czech team will consist of the representatives from the
relevant institutions for IPPC and will be established during the Work Package 1.
The MoE guarantees that all relevant information to which it has access will be
presented to the experts during their mission under Activities no. 2.1 and 2.2. The
MoE will make determined efforts to co-operate with other Czech administra-
tions with the goal of making all required information available to the project
experts.
The STEs from the MS side will review all the relevant implementation plans for
the EC directives re1ated to IPPC as listed in Annex 11 of the IPPC Directive and
for the directives listed in the section Industrial Pollution and Risk Management
in the Handbook of Implementation of the Environmental Legislation. The
review will serve to identify key requirements of these directives and to select
problematic common areas of their implementation. The harmonisation and solu-
tion of the identified problems will play an important role during the finalisation
of the reviewed implementation plan on IPPC.
140 Franz Ellermann
List of major activities / workiog steps uoder work package 2
Gap analysis of the Czech legislative situation, institutional and administrative structures
relevant to the IPPC Directive implementation
Responsible Measures
CC: MoE, MIT, MoA, RA, Provide all nece ary information
RHO
MS: STE-I , STE-I.l , STE- Gather a11 background information on MS legislation / lPPC imple-
4, STE-4.1 mentation under consideration of requirements under SEVESO [l
Directive
MS: STE-1, STE-I.I , Gap analysis; Asses ment of the gathered information
STE-4, STE-4.1
CC: MoE, MIT, MoA, RA, Preparation of a draft report incIuding recommendations for
RHO improvement regarding the implementation of the IPPC Directive
MS: STE-4, STE-4. I under consideration of requirements under SEVESO Directive
Benchmarks/Output:
1. Gap analysis; draft report on the Czech legal, institutional and administrative
Istructures conceming the fPPC Directive including recommendations for
improvement based on German and Danish experience of IPPC implementation
2. Definition of common requirements / interfaces conceming the implementation of
the SEVESO 11 Directive
3. Materials on institutional set up from Gennany and Denmark (IPPC Legi lation,
institutional framework, etc.) provided in English
Review of existing Czech impIementation plans in the area of IPPC and industrial pollution
and risk management (see annotation and relevant implementation plans for the EC Direc-
tives related to IPPC as Iisted in Annex 11 of the IPPC Directive
ResponsibiHty Measures
CC: MoE Provide a11 necessary information
MS: STE-I , STE-I.I , Gather a11 background information on MS legislation / lPPC implemen-
STE-4, STE-4.1 tation programs including relevant requirements from linked directives
MS: STE- I, STE-I.I , Gap analy is; Assessment of gathered information
STE-4, STE-4. I
CC: MoE Preparation of a draft report incIuding recommendations for improve-
MS: STE- 1.1, STE-4. I ment
BendunarkslOutput:
1. Gap analyses; draft report on the existing Czech implementation plan incIuding
relevant requirements from Iinked directives
2. Materials from Denmark and Germany conceming implementation of Directives
from Industrial Pollution and Risk Management section, provided in English
Preparation of the final Implementation plan including recomrnendations for legislative sit-
uation, institutional and administrative structures
Responsibility Measures
CC: MoE, CEI, RA Seminar on drafl rep0rlS from ActiviLies 2.1 and 2.2
MS: STE-I. STE-I .I. STE-4,
STE-4. 1
CC: MoE Finalization ofthe reviewed implementation plan on lPPC
MS: STE-I.I , STE-4.1 harmonized with the other directives relevantto lPPC
Benchmar ks/Output:
1. Seminar on results from gap analysi under Activitie 2.1 and 2.2 including
recommendations for improvement
2. Draft Implementation Plan on IPPC harmonil.ed with the other directives relevant LO
IPPC
Interdisciplinary seminar on the outputs from Activities 2.1 to 2.3

Respoosibility Measures
CC: MoE Interdisciplinary eminar on the outputs of activities 2. 1 to 2.3 and
MS: STE-I , STE- I.I, with presentalion of the experience from MS' IPPC implementation
STE-4, STE-4.1
CC: MoE lncorporation of results of discussions into the implementation plan
MS: STE-I.I, STE-4.1 on IPPC, Minutes of the meeting
Benchmarks/Output:
I. Developed, consulted and finalized implementation plan including time chedule
concem ing the IPPC Directive, including comparison with German situation
2. ReporlS on the acti vities under Work Package 2
3. Work Package 2 is completed
Work Package 3: "Creation of 14 Regional Implementation Strategies for

IPPC; including Time Schedules for Integrated Permit Issuing"
Overall aim:
Preparation of 14 implementation strategies for IPPC including time schedules
for integrated permit issuing in each region of the Czech Republic
Expected results ofWork Package 3:
Informed Regional Authorities about their responsibilities under IPPC and
about the scope of their future work conceming integrated permitting.
Regional Authorities equipped with strategies of implementation of IPPC on
the given regional level.
Consistent and reasonable approach (strategy) to integrated permit issuing for
each region will be developed.
142 Franz Ellermann
Defined way of providing feedback on the developed strategies and time

schedules.
Work Package 3 gathers and incorporates data from Work Package 2 Gap Anal-
yses of the Czech Administrative Structure (State and Condition) in the Area of
Industrial Pollution Control.
Following the review of the existing inventory of installations in the Czech
Republic relevant to IPPC, other background material and consultation with all
14 regional authorities the PAA will, in dose co-operation with his counterpart
and the short term experts involved, elaborate 14 Draft Implementation Strategies
induding time schedules for integrated permit issuing. The Draft Implementation
Strategies will be discussed in detail with representatives from each of the
Regional Authorities. In aseminar, the Draft Implementation Strategies will be
presented to the experts from MoE, CEI and the regional authorities, and the way
of providing feedback on the developed strategies and time schedules will be
defined. As a result of the seminar the 14 Regional Implementation Strategies
will be finalised.
List of major activities I workiog steps uoder work package 3
Preparation of 14 Regional Implementation Strategies

Respoosibility Measures
CC: MoE Provide a1J necessary information
MS: STE-I , STE-4 Review of existing implementation strategies and of the inventory of in talla-
lions in the Czech Republic relevant to IPPC
MS: STE-l , STE-4 Visil to all 14 Regional Authorities for con ultation on the implementation
strategies (5 evenls)
MS: STE-I, STE-4 Preparation of a draft report for a11 regions including time chedules for permit
issuing
CC:MoE Seminar on the draft implementation stralegies
MS: STE-I, STE-4
MS: STE-l, STE-4 Finalization of the 14 Implemenlarion Stralegies
Benchmarks/Output:
1. 14 Draft lrnplementation Strategies
2. Seminar on Draft l.mplementation Strategies
3. 14 consulted Finallmplementation Strategies including time schedules for permil
issuing delivered to each Czech Regional Authoriry (i n Czech)
Preparation of a draft Training Program for IPpe Implementation on regional level (Private
Sector Input)
Respon.sibil- Measures
ity
MS: P-STE- I Panicipalion in Sem inar for the co-ordination with Olher MS Expens
(Activily no. 2.4 - changerl 10 panicipalion in Seminar under Activily 2.3)
MS : P-STE- I Participalion in Seminar fo r the coordination with other MS Expens
(ActivilYno. 3. 1)
MS: P-STE- I Parlicipalion in Seminar for lhe co-ordi nation with Olher MS Experts
(Activily no. 5.1 )
MS: P-STE-I Panicipalion in Seminar for lhe co-ordination with other MS Experts
(Activity no. 7.2)
MS: P-STE-I Participation in Seminar for the co-ordination with other MS Experts
(Activity no. 8.2)
Benchmarks/Output:
1. I Identification of needs for training on regional level
2. [14 individual draft training program for IPpe implementation in every region
Work Package 5: "Pilot Permit Issuing"

Overall aim:
Through the simulation of the procedure of pilot permit issuing for three individ-
ual installations from different industrial branches the necessary documents for
the future IPPC permitting process will be developed. The pilot permitting proc-
ess will be based on the experience from previous projects in this field in the
Czech Republic.
Expected results 0/ Work Package 5:
Three pilot permits will be issued for three plants (gi ass industry, chemical
industry and waste management activity) with installations falling under the
regime of the IPPC Directive.
Variation of a permit for a substantial change of the installation will be carried
out for two of these installations.
Experts from concemed institutions (e.g. Czech Environmental Inspectorate,
Regional Authorities) will participate in this simulation as future trainers.
Trained personnel.
In the course of the project three pilot permits will be issued for plants represent-
ing typical branches of the Czech industry - glass industry, chemical industry
(e.g. production of organic chemieals) and waste management. The special prior-
ity for the choosing of a concrete installation will be given to ones, which are,
according to the definition in the IPPC Directive, called "new installations". This
should help the chosen new installations to fill the application form for integrated
144 Pranz Ellennann
permits in advance (before the Act on IPPC comes into force) and to therefore get
the integrated permits in shorter time. The variations of the permitting procedure
for a substantial change for the chosen plants will be carried out. In the first part
of Activity no. 5.1 all necessary background materials (application forms, struc-
ture and contents of integrated permits and statements of concemed authorities
and an expert body, guidance on fulfilment of the application etc.) will be devel-
oped in the second part of Activity no. 5.1 (after completion ofthe three 'BREF-
trainings' and the corresponding simulations of the integrated permitting proce-
dure), the feedback from the simulated permitting will be used in the finalisation
of the materials.
In the framework of Activities 5.2, 5.3, 5.4, 5.5, 5.6 and 5.7 three trainings on
BREFs (glass industry, chemical industry and waste management) including on-
site inspections and the simulations of integrated permitting procedure will be
held. The roles of bodies named in the Czech Act on IPPC will be simulated by
the representatives of Czech authorities (MoE, Czech Environmental Inspector-
ate, Regional Authorities and other concemed authorities) and the foreseen role
of Agency by the German experts. The expert support for operators in the course
of their filling in of the application forms will be provided by the means of this
project. To deepen the understanding of the pilot permitting procedure three indi-
vidual follow-up events will be conducted.
During all the activities dealing with BREF's and their interpretation all the
uncertainties will be consulted with the Information Exchange Forum or the rep-
resentatives of the relevant IPPC Expert Group.
Additionally MS Germany will provide an ad-hoc assistance for the relevant new
installations within the process of preparation of pilot permits regarding the IPPC
requirements.
List of major activities / working steps under work package 5

Development of guidance documents and templates (application fonns, content of permits,
content and structure of statements) on methodologies and administrative procedures
MS: STE-I, Sludy of exi ting Czech materials - proposed Executive Decree on appli-
STE-I.2, STE- I.4 cation form, relevant applicalion and materials from the former permit-
ling procedure and recommendations from the previous projects
MS: STE-I , Gathering of the relevant German materials (appl ication form for inte-
STE-I.2. TE-I.4 grated permit ,guidance documents, imegrated permits etc.) under consid-
eration of the requiremems under SEVESO II DirecLi ve
CC: MoE, CEI, AlT Seminar on developmem of draft documents (application forms , contem of
MS: STE-I.2, permits, content and slrUcture of statement of concemed authorilie
STE- l.4 including expen body, guidance materials for thei r fu lfillmem, documem
for ite-exploration/in pection for inspectors) based on previous permit-
ting procedure in the Czech Republic and German experience under con-
sideration of the requiremenlS under SEVESO n Directive
CC: MoE, CEI Finalization of guidance document after completion of the Lhree pilot per-
MS: STE-1.2, mits (Activitie. no 5.3, 5. 5 and 5.7
STE- I.4
CC: MoE, JC IPPC Public presemation of final ized documents
MS: STE-I , STE-I.2.
STE-I.4, PAA
Benchmarks/Output:
1. Final guidance documem and template on methodologies and admini traLive
procedures for permitting according the Act on IPPC in the CR
2. Definition of common requirement I interface conceming Lhe implementation of the
SEVESO TI Directive
3. Final proposal of application forms for integrated permitting
4. Final proposal of structu re and content of latemem on a IPPC application of concemed
administration bodies
5. Final proposal of document for sile-exploralion/inspeclion for inspeclOrs
146 Pranz Ellermann
Training session on BATIBREF on 'Glass Manufacture' including one on-site visit

ResponsibJe Measures
MS: STE-3.8, Preparation of background (training) material on practical application of
STE-1.5) BREF on 'Glass Manufaclure' in MS (i.e. interpretation of BREF in MS,
currenl and foreseen role of BREF in pemlil conditions setting and applica-
tion preparalion, recommendalion on applic3lion of thi BREF in specific
aClivily calegorie lisled in Annex I of lhe [PPC DireClive, Gerrnan case
study)
CC: MoE Training seminar on BATIBREF application - including Gerrnan case sludy
MS: STE-3.8, and introduction of lPPC Directive requirement ; on-site visil; preparation
STE -1.5) of areport on application of BREF on 'Glass Manufaclure'
CC: MoE, JC lPPC Di emination of information (report on application of BREF on 'Glass
MS: PAA Manufacrure') to the relevant slakeholder for commentS; collection of com-
ments
CC: MoE Review of commenlS and finalisation of the report on applicalion of the
MS: STE-3.8, BREF
STE -1.5
CC:MoE Follow-up evenl for the participant of the workshop, 10 deepen lhe under-
MS: STE-3.8, I standing and application of the trained BREF
STE-1.5
Benchmarks/Output:
1. Technical documents on BAT on 'Glass Manufaclure' applied in MS
2. Trai ning materials on 'Glass Manufaclure' application including example of technical
solutions from MS
3. Carry OUI training for minimum 15 Czech experts on 'Glass Manufaclure' from Regional
Authorities, MoE and CEI with ulilizalion of training materials including on-site visil
4. Report on applicalion of BREF on 'Gla ManufaclUre' in the CR including review of indus-
trial comments
Simulation of integrated pennitting for an installation from glass industry
CC:MoE Filling of an appl ication (assistance)
MS: STE-I.5, STE-3.8
CC: MoE Asses ment of the filled application (si mulation of a role of the
MS: STE-I.5, STE-3.8 Agency)
CC: MoE, CEI, other Statements of concemed authorities (si mulation of a role of concemed
administrati ve bodie authorities)
MS: STE-I .5, STE-3.8
CC: MoE Statement of the Agency
MS: STE-1.5, STE-3.8,
CC: MoE, CEr, other Public hearing on an application and pennit conditions proPOsal
adm inistrative bodies (including public, municipalilies)
MS: STE-1.5, STE-3.8
CC: MoE, CEI, RA Issuing of a pennit
CC: MoE Follow-up event for the participants of the training, LO deepen the
MS: STE-I.5, STE-3.8 understanding of the pennitting procedure
Finalization of guidance materials for filling of an application for
IPPC on glass industry
Finalization of materials for public presentation
Benchmarks/Output:
1. FiUed applicalion fonn on glass industry
2. Pilot pennit on glass industry
3. Statements of concemed authorities
4. Record from public hearing
5. Guidance materials of fu lfilment of an application for IPPC on glass industry
6. Guidance materials, applicalion fonn and content of the pennit for propo ed change of an
installation
7. Materials for public presentation
Work Package 6: "Development of an Implementation Plan for the Moni-

toring System and the Management of the Monitoring; Training Pro-
gramme 'Monitoring Requirements under IPPC'"
Overall aim:
Training of relevant personneIon the monitoring requirements under the IPPC
Directive and preparation of background materials.
Expected results ofWork Package 6:
Methodology for the monitoring system and management of the monitoring
system in selected branches from Annex 1 of the IPPC Directive.
Carry out training in the monitoring requirements under the IPPC Directive.
Support of the Czech working group for monitoring.
148 Franz Ellermann
The IPPC and Seveso 11 Directives define specific monitoring requirements and
the Commission has recommended criteria for environmental inspections (Rec-
ommendation 2001/331 of the European Parliament and of the Council of 4 April
2001). An effective monitoring system is one of the basic preconditions for the
protection of the environment.
The goal of the programme is to develop an implementation plan for the Moni-
toring System and for the Management of the Monitoring and to train personnel
of the responsible authorities in the issuing of integrated permits for selected
industrial and agricultural branches as weIl as in the subsequent site inspections
and monitoring activities. Work Package 6 comprises the auditing of the current
monitoring systems in the facilities, the review of available data and the drafting
of the new methodology for the monitoring systems. During the auditing and for
the completion of data the technical means defined in Technical specifications
(Lot 3: Monitoring system) will be used.
List of major activities / workiog steps uoder work package 6

Training session on BATIBREFs on Monitoring Systems (methodology and administrative
procedures for the monitoring systems and a management of the monitoring system in
selected branches from Annex I ofthe IPpe Directive 96/61IEe and on BREF- 'Monitoring
Systems' )
MS: STE-3.2, Preparation of materi al for training session (i neluding translated BREF
STE-1.7- document - ' Monitoring Systems')
ec: MoE Training 'es ion including one on site visit
cC: MoE Follow-up event for the paruei pants of the training, tO deepen the under-
MS: STE-3.2, STE-I,7 standing of the permitling proeed ure
Benchmarks/Output:
1. Carry out train ing for at least 15 Czech expens from permitling (RA, MoE) and enforce-
ment (CEI) authorit.ies on moniloring sy lem and its management, BATIBREF on Moni-
loring Systems
2. German guidance on BREF ' Monitoring
3. Trai ning materials
Implementation Plan for the Monitoring system and the management of the monitoring sys-
tem in each pilot pennit under Work Package 5
MS: STE-I, Preparation of a draft concept for the monitoring system
STE-1.2 Study of draft applications for pilot integrated permits
MS: STE-I, Preparation of proposals of a monitoring system and a management of the
STE-1.2 monitoring ystem to each pilot case (u ing re ults from BREF 'Monitoring
Systems' Training)
CC: MoE, CEJ Pilot site inspeclions of each in tallations from Work Package 5 and conclu-
MS: STE-I , sions from these inspections
STE- 1.2
MS: STE-I , Workshop: consuhation of the proposals with operators and all concemed
STE-1.2 authorities and preparalion of final documents
Draft of a methodology for monitoring systems and a management of the
monitoring ystems in selected branche from Annex I of IPPC Directive
96/6 IIEC (selection according to ''The limetabJe of an integrated permit
issuing in each Region" Work Paekage 3, for the most important branches pro-
dueing pollution, noise, ete.)
CC: MoE, CEI Finalization of the methodoJogy for moni toring ySlems and a management
MS: STE-J, of the monitoring systems in selected branches from Annex I of the IPPC
STE-1.2 Direetive
Benchmarks/Output:
1. Guideline including a methodology for the monitoring system and a management of the
mortitoring system for eaeh pilot case (from Work Package 5)
2. Conclu ions and recommendations from pilot ite inspections and from the workshop
(in connection of Work Package 5)
3. Final methodology and administrative procedure for the moniloring system and
a management of the monitoring ystem in selected branehes from annex J of IPPC
direcli ve 96/61IEC
150 Franz Ellermann
Support of Czech experts working group for monitoring (information provision, translation,
study journey etc.) during their work on the implementation BATIBREF on monitoring in
the CR.
CC: MoE Support for establishment of a Czech experts working group (WG) for moni-
MS: STE-3.2, toring (e.g. participation in the meetings of WG, providing of explanation for
STE-I.2 problematic queslions conceming monitoring)
CC: MoE,CEI Link-up of trong co-operation of twinner and the nominated persons from
MS: STE-3.2, this working group
STE-I.2
MS: PAA, private Tran lation ofthe European Commi ion BAT document (BREF) on monitor-
seetor input ing 'Monitoring Systems'
MS: STE-3.2, lnformation and documentation service from EU member states 10 members
STE-I.2 of worki ng group (including translation)
MS: STE-3.2, Site visits of IPPC Installations in MS (during the Work Package 9)
STE-1.2
MS: STE-3.2, Support of contact working group member with expert from EU member
PAA states
Benchmarks/Output:
1. Guidelines including a methodology for the monilOring ystem and a management of the
monitoring system for each pilot case (from Work Package 5)
2. Recommendations for work of the Czech WG on monitoring
3. Net of contacts wi th experts from EU member states
4. Work Package 6 is completed
Work Package 8: "Information Exchange on the Application of BAT and

BREF"
Overall aim:
Transfer and dissemination of knowledge on Best Available Techniques (BAT)
and MS experience in the application of Best Available Techniques Reference
Documents (BREF). The target groups for the information exchange are the
authorities involved in permitting within the IPpe system and in the information
exchange on BAT.
Expected results 01 work package 8:
Recommendation on the interpretation of Annex I of the IPpe Directive (i.e.
clear specification for whom the IPpe Directive applies) based on the German
experience.
Development of a general guidance on the utilisation of BAT in permit appli-
cation preparation and assessment and the permiuing procedure.
Design of training materials for horizontal BREFs (Cooling, Storage of dan-

gerous materials and Economic and Cross-media) and application of this train-
ing material in 3 seminars for permitting officers and MoE staff from relevant
departments.
Design oftraining materials for vertical BREFs (LCP, Refineries, LVG-L Inor-
ganic chemieals, Livestock Farrning, Wastewater and Gas treatment and Man-
agement systems in chemical sector) and application of this training material
in 3 seminars for perrnitting officers and MoE staff from relevant departments.
Carrying out of training sessions for permitting officers using the above men-
tioned training materials.
Due to the complex nature of Work Package 8 the following sources of informa-
tion will be used to ensure the achievement of the expected results:
IPPC Directive;
Draft Czech Act on IPPC;
documents on German interpretation of Annex I of the IPPC Directive (legis-
lation, guidance, consultation papers, practical experience);
German guidance and recommendation on the role and utilization of BAT in
permit application preparation and permit issuing (interpretation in German
regulatory system);
BREFs on Cooling Systems, LCP, Emissions from Storage of Bulk or Danger-
ous Materials, Refineries, Large Volume Gaseous' and Liquid Inorganic
Chemieals, Economic and Cross Media Issues, Common Waste Water and
Waste Gas Treatment and Management Systems in the Chemieal Sector; 'Live-
stock Farming;
German guidance on application of the above listed BREF (i.e. national guid-
anee and related training documents);
Information exchange with representatives of relevant industrial and other
association and experts from horizontal BREF areas;
Discussion of practical experience with BAT and other applied techniques dur-
ing site visits;
Additionally MS Germany will provide an ad-hoc assistance for the relevant new
installations within the process of training on the Application of BAT and BREF.
In the framework of the activity 8.1, especially in case of any uncertainties of
interpretation of annex I of the IPPC Directive, the Information Exchange Forum
will be consulted or the relevant IPPC Expert Group.
The whole work package will be co-ordinated and managed by the PAA.
152 Franz Ellennann
List of major activities I working steps under work package 8

Recommendation on Interpretation of Annex I of the IPPC Directive
Responslble Measures
CC: MoE, MIT, Interpretation of Annex I Activities specification - exchange of experience
MoA, AlT with MS on the Activities specification and classifications according to Ger-
MS: STE-5, STE- man business practice; comparison specifications with business classifications
5.2 ofMTT, MoA
CC: MoE, MIT, Interpretation ofCapacity thresholds - information exchange between MS and
MoA,AIT Czech experts on threshold interpretation and application in:
MS: STE-5, STE- deciding on whether IPPC applies to specific activity's operation
5.2 (with emphasi on the application for former socialist large capacity plants in
East Germany) pennit conditions setting
MS: STE-5, STE- Preparation of methodology on application of Annex I for affected operators
5.2 of Activities listed in Annex I
CC:MoE Seminar for the presentation of the draft methodology including consultations
MS: STE-5, STE- with MoE experts and relevant stakeholders, revi ion of Lhe draft methodol-
5.2 ogy according to the results from the seminar
CC:MoE, IC Dissemination of the revised methodology to relevant stakeholders, coUecLion
IPPC ofcomments
MS:PAA:
CC: MoE Joint review and evaluation of the document, preparation of final methodol-
MS: STE-5, STE- ogy on the application of Annex I categories and subcategories
5.2
CC: MoE Dissemination of final meLhodology to relevant stake holders
Benchmarks/Output:
Final meLhodology on appHcation and interpretation of Annex I of Lhe IPPC Directive
Preparation of general guidance on definition and utilization of BAT as basis for penniuing
system
CC: MoE, CEI Review and comparison of exisLing information on BAT utiUzation in Lhe CR
MS: STE-5.2, and MS including Gap Analysis (i.e. criterialbencbmarks help to identi fy BAT)
STE-3.1O
MS: STE-3, Draft report on BAT ulilization and recommendation for future BAT utilization
STE-3.IO under IPPC system (results from the gap analysis and the seminar)
MS: STE-5.2, Preparation of a draft guidance on BAT utiHzation (iocl. BAT-benchmarks cri-
STE-3.11 teria allowing tlexible approach) for penniLung authorities
CC:MoE Seminar; Presentation and discus ion of Lhe results from the gap analy i and
MS: STE-5.2, the draft guidance on BAT utilizaLion
STE-3. 11
MS: STE-5.2, Revision of Lhe draft guidance according LO the results of the seminar
STE-3. 11
Benchmarks/Output:
1. Revised Draft Report on BAT utilization including recommendation for IPPC
implementation as a background material for work package 5 (pilot permits issuing)
2. Revised Draft General Guidance on BAT utilization according lhe Seminar
Activity no. 8.3 and corresponding budget section no 8:
Finalization of the draft report on recommendations for future BAT utilization and the draft
general guidance on BAT utilization based on the results ofWork Package 5 (finalization of
the draft reports / guidance documents of Activities no. 8.1 and no. 8.2)
MS: STE-5, STE- - Preparation of presentation materials
1.7
CC: MoE - Seminar, Presenlation and di cu ion ofthe results from Work Package 05
MS: STE-5, STE-
1.7
MS: STE-5, STE- - Finalization of lhe draft reports and draft general guidance on BAT
1.7 utili zation
Benchmarks/Output:
1. IFinal Report on BAT utilization induding recommendation for IPPC implementation
2. IFinal General Guidance on BAT uti lization
3. Conclusion
This short abstract from the running Twinning Project points out the level of
detail and the enormous scope of work, that has to be done by the CC in relatively
short time. Development and agreement of the legislation (Environmental Legis-
lation general), sufficient institutional building as weH as "step by step" imple-
mentation of those regulations into the administrative praxis took tens of yeas in
the current member states but the CCs have to manage it in few years.
The up to date evaluations of the TWINNING Instrument done by the EU-Com-
mission and CC has proved that this new Instrument is useful. After the end of
individual project the co-operation between administrations of the MS and CCs
has transformed itself in many cases into the bilateral one. In fact all involved
subjects take an advantage from this process- the administrations of the CCs get
the additional non-bureaucratic support and all partners are participating in a
tight learning and self-improvement continual process. It opens the possibility
and chances for all to experience the EU enlargement process from very practical
point of view and to undertake own initiative by its active forming .
Bulgaria's accession to the European Union
Slavitza Dobreva
1. Negotiations with the EC and Adoption of the EU Acquis

In its Negotiating Position Bulgaria declares that it accepts and is ready to imple-
ment the acquis communautaire in the field of environment. As a working
hypothesis, the Bulgarian Government considers that the Republic of Bulgaria
will become a member of the European Union on 01.01.2007. The Republic of
Bulgaria requests transitional periods for implementation of some specific
requirements of eight directives ofthe acquis. The position paper covers EU leg-
islation in the field of environment, as in force by 31.12.1999.
1.1 Adoption and implementation of the Acquis

The legislation of the Republic of Bulgaria in the field of environment is to a
great extent compatible with the acquis. The Republic of Bulgaria has already
adopted the framework legislation and will gradually achieve full alignment by
the end of 2002. The Republic of Bulgaria is prepared to implement all the acquis
communautaire requirements with exception of those, for which transitional peri-
ods are requested.
Most of the relevant administrative infrastructures necessary for the implementa-
tion and enforcement of the Community acquis are in place and are operational.
Their capacity has been subject to strengthening. Some new structures are being
established.
The position of the Republic of Bulgaria is described according to the sectors of
the EU legislation in Chapter 22 "Environment".
Horizontal Legislation
Directive 85/3371EEC, amended by 97/11IEC on the assessment of the
effects of certain pubUc and private projects on the environment
Existing legislation
The following legislative acts partially transpose the requirements of the Direc-
tive:
Environmental Protection Act (State Gazette No 86/1991; as amended in April
2000);
Regulation N4 on Environmental Impact Assessment (State Gazette No 84/
1998);
Decree No 87/23.03.1995 on Ratification ofthe Convention on Environmental
Impact Assessment in Transboundary Context.
156 Slavitza Dobreva
Harmonization o/legislation with the acquis

The Republic of Bulgaria will fill in the gaps and fully harmonize its legislation
on environmental impact assessment by adopting in 2002 a new Environmental
Protection Act. The new Environmental Protection Act will fully conform with
the requirements of the Directive related to the scope of activities, subject to
assessment, definitions of principles and procedures and transboundary impacts.
The adoption of a new Regulation on Environmental Impact Assessment is fore-
seen within 6 months after the adoption of the new Environmental Protection act.
Directive 90/3131EEC on the freedom of access to information on the

environment
The following legislative acts partially transpose the basic requirements of the
Directive:
Environmental Protection Act (State Gazette No 86/1991; as amended in April
2000);
Administrative Procedures Act (State Gazette No 90/1979; as amended in
November 1999).
Full compliance with the Directive's requirements will be achieved with the
adoption in 2002 of the new Environmental Protection Act (Chapter Il).
Regulation EEC/1210/90 on the establishment of the European

Environment Agency and the European environment information and
observation network
Cu"ent status
On December 8, 2000 the National Assembly ratified the Agreement on the par-
ticipation 0/ Bulgaria in the European Environment Agency, signed in Brussels
on October 9,2000 (Law on Ratification, State Gazette No 105/19.122000).
Directive 91/692/EEC standardizing and rationalizing reports on the

implementation of certain directives related to the environment
Cu"ent status
The implementation of the Directive is considered mainly in the context of the
other 27 directives (in the air, water and waste sectors), to which it refers. At
present Bulgaria provides information to the European Environment Agency,
Eurostat, UN Commission on Sustainable Development, OECD. The competent
authorities also provide reports in accordance with the international conventions
to which Bulgaria is a party.
Bulgaria's accession to the European Union 157
1.1.2 Air Quality

Directives on ambient air (AAQ) quality assessment and management
The requirements of The Framework Directive 96/62IEC on AAQ Assessment
and Management, Directive 99/30lEC relating to limit values for sulfur dioxide,
nitrogen dioxide and oxides, particulate matter and lead in ambient air and Direc-
tive 92/72IEC on air pollution by ozone are fully transposed in the Bulgarian leg-
islation through the following legislative acts:
Clean Air Act (State Gazette No 45/1996, as amended in March, 2000);
Regulation No 7 on AAQ assessment and management (State Gazette No 451
1999);
Regulation No 8 on limit values for ozone in the ambient air (State Gazette No
46/1999);
Regulation No 9 on limit values for sulfur dioxide, nitrogen dioxide and
oxides, particulate matter and lead in the ambient air (State Gazette No 461
1999).
Directives on fuel quality

Directive 98170lEC on the quality of petrol and diesel fuels is fully transposed
into the Bulgarian legislation through Regulation No 17 on limit values for con-
tent of harmful substances in liquid fuels (State Gazette No 97/1999).
Directive 99/32IEC is partially transposed through the above mentioned Regula-
tion (in its part related to the limit values for sulphur content in gas oils).
Harmonization of legislation with the acquis
Directive 99/32IEC will be fully transposed into the Bulgarian legislation in 2002
through amendments to the provisions of Regulation No 17 related to the quality
of heavy oUs.
Request fOT transitional periods
The required investments for reconstruction and modernization of the existing
installations, as well as the time needed for their realisation, determine the neces-
sity for requesting a transitional period of three years, i.e. until 01.01.2010 for
the implementation of the requirements of Directive 99/321EC on maximum
admissible sulphur content in gas oil.
Regarding the 1% limit value for sulphur content in heavy oils, the Republic of
Bulgaria requests a transitional period of eight years, i.e. until 01.01.2015. This
transitional period is determined by:
the required time periods and investments for an overall study of the possibil-
ities for implementation of the Directive;
the required time periods and investments for a feasibility study, project
design, construction, putting into operation and fixing the relevant abatement
equipment and installations for minimizing the sulphur content in heavy oils;
the required period and investments for achieving compliance with the estab-
lished requirements on motor fuels quality [Directive 98170/EC].
Directives on the reduction of VOC emissions from stationary sources

Directive 94/63/EC is fully transposed into the Bulgarian legislation through
Regulation No16 on the reduction of VOC emissions from storage, loading or
unloading and transport of petrol (State Gazette No 75/1999).
The requirements of the above Regulation will apply to existing installations by
the end of 2005,2006 or 2009 depending on their throughput (the corresponding
deadlines fixed in the Directive are 1999,2001 and 2003 respectively).
The transposition of Directive 99/13/EC into the Bulgarian legislation is sched-
uled for the end of 2002. A nation-wide survey of the expected costs and invest-
ments related to the implementation of the Directive's requirements on existing
installations is expected to finish before that.
Request for transitional periods
In order to fuHy implement Directive 94/63IEC the Republic of Bulgaria
requests a transitional period of three years, i.e. until 01.01.2010, for achieving
compliance with the established technical requirements for existing installations,
as weH as for new service stations with throughput less than 1000 cub.m.lyear
and putted into operation between 31.12.1995 and 25.05.2000. This deadline is
mainly determined by the significant number of existing installations (more than
20 terminals and 1200 service stations] which were not in compliance with the
Directive's requirements by mid 2000 [the date of entering into force of Regula-
tion No 16), as weIl as by the limited resources for their reconstruction (in terms
of experienced staff/companies and time required).
The investments required for reconstruction, modernisation, optimisation etc.,
including the expected changes in raw materials used and the installation of new
abatement equipment, as weIl as the time and financial resources needed for the
realisation of this measures, determine the necessity for requesting a transitional
period of five years, i.e. until 01.01.2012, for the full implementation of the
requirements of Directive 99/13IEC to the existing installations and activities.
At present 317 plants in total (including 416 different activities) have been iden-
tified as potentially covered by the scope of the Directive. The number does not
include the dry cleaning installations. A detailed assessment of the investments
required will be presented by mid 2003. After that it will be possible a distinction
between the different sectors [according Annex 1 to the Directive] to be done and
to establish shorter transitional periods for some of them, as well as to develop

adequate measures in order to prevent any disturbance of common market roles.
Directive 971681EC relating to measures against the emissions of gaseous

and particulate poUutants from internal combustion engines to be installed
in non-road machinery
Directive 971681EC will be fuUy transposed into the Bulgarian legislation by
the end of 2002.
Other EU-normative acts, concerning the responsibilities ofthe Member States in
the framework of the international conventions on transboundary air pollution,
climate change and ozone layer protection
Current status
The Ministry of Environment and Water elaborated a Regulation on the control
and management of ozone depleting substances in order to keep the engagements
undertaken in the framework of the Vienna Convention and the Montreal Proto-
col and to ensure the implementation of Regulation EEC/2937100 regarding the
ozone depleting substances (ODS). The Regulation on the control and manage-
ment of ozone depleting substances was adopted by Decree No 254/1999 of the
Council of Ministers on the control and management of ODS (in force since
01.01.2000).
The deadline to cease the use of controlled ODS is 31.12.2011 according to the
Regulation. This deadline is longer then the deadline, determined by Regulation
EEC/2937/00 for the Member States, but it is consistent with the real possibilities
and the state of the Bulgarian industry. After the respective consultations with
representatives from the industry sector we consider it necessary to re-examine
this deadline in order to set it in conformity with the requirements of the Regula-
tion and to amend eventual the Regulation on the control and management of
ozone depleting substances in order to impose a deadline to cease the use of con-
trolled ODS not later then 31.12.2006.
The Republic of Bulgaria signed on 11.09.1998 the Kyoto Protocol to the UN

Framework Convention on Climate Change, which aims at further reduction
of the common national emissions of greenhouse gases. The obligations under-
taken are to reduce the national emissions with 8 % (for the period 2008-2012).
1.1.3 Waste Management

The adopted Law on Limitation of the Harmful Impact of Waste on the Environ-
ment, together with the regulations foreseen in it, creates the legislative basis for
transposition and implementation of the EU legislation in the waste management
sector. In accordance with this framework Law, a number of regulations have
been developed and adopted during the period 1998-2000. They ensure the har-
monization of the nationallegislation with this of the EU regarding specific types

of waste and installations for waste disposal. The national legislative measures
for the transposition of the European legislation are presented bellow.
Directive 75/4421EEC on waste

The requirements of the Directive are partially transposed into the Bulgarian leg-
islation through the following legislative acts:
Law on Reduction of the Harmful Impact of Waste upon the Environment
(State Gazette No 86/1987, as amended - State Gazette No 28/2000);
Order RD-323/1998 of the Minister of Environment and Water and the Minis-
ter of Health on waste classification (State Gazette No 120/1998);
Regulation No 10 on the filling out of the report and the waste management
information documents (State Gazette No 151/1998);
Regulation No 11 on the conditions and requirements for the construction and
operation of municipal waste disposal facilities and installations (State Gazette
No 152/1998);
Regulation No 12 on the requirements which must be met by the waste treat-
ment facility sites (State Gazette No 152/1998);
Regulation on the requirements for treatment and transportation of industrial
and hazardous waste (adopted with Decree of the Council of Ministers No 53
from 1999; State Gazette No 29/1999).
The requirements of the Directive are in general introduced into the national leg-
islation but some gaps still exist at present:
the"waste" definition does not correspond to this given in the Directive;
the scope of application of Law is limited and does not covers fully the scope
of Directive;
the waste management hierarchy is not clearly defined.
The European Waste Catalogue (Decision 94/904/EC) is adopted as anational
waste classification.
ANational Waste Management Programme for the period 1999-2002 is adopted.
It formulates the measures regarding the transposition and the implementation of
the directives, requirements and the decisions of the EU in the field of waste man-
agement, together with the duties and responsibilities of the competent authori-
ties conceming the EU legislation implementation. The state of waste manage-
ment has been analyzed, the problems have been identified and the objectives
have been chosen. An Action Plan has been developed stating the required meas-
ures in short and medium-term perspectives, the responsible institutions, the
needed fmancial means for program implementation.
Additionally an obligatory requirement for the municipalities and companies
which carry out waste management activities is legally established. At present
250 municipal waste management programs (92%) are approved and presented to
the Ministry of Environment and Water.
The requirements ofthe Directive will be fully transposed into the Bulgarian leg-
islation by amending the Law on Reduction of the Harmful Impact of Waste upon
the Environment in the year 2002.
Directive 91/6891EEC on the hazardous waste

The requirements of the Directive are fully transposed into the Bulgarian legisla-
tion by:
Law on Reduction of the Harmful Impact of Waste upon the Environment
(State Gazette No 8611987, as amended - State Gazette No 2812000);
Regulation on the requirements for treatment and transportation of industrial
and hazardous waste (adopted with Decree ofthe Council ofMinisters No 53/
1999; State Gazette No 29/1999);
Order RD-323/1998 ofthe Minister ofEnvironment and Water and the Minis-
ter of Health on waste classification (State Gazette No 120/1998);
Regulation No 10 on the filling out of the report and the waste management
information documents (State Gazette No 151/1998);
Additional stricter requirements are introduced on hazardous waste management
including for the issuing of permits for all activities concerning hazardous waste
and for facilities and installations for their disposal.
The European list of hazardous waste (Decision 94/904/EC) has been adopted as
national classification of hazardous waste.
An obligation for registering and reporting, and demanding documentation for
accepting, submitting and transportation of hazardous waste has been introduced.
The National Waste Management Programme envisages the establishment of a
national hazardous waste disposal centre and a system of regional landfills for
hazardous waste. External financing is required for the projects implementation.
Regulation EEC/259/93 on the supervision and control of shipments of

waste within, into and out of the European Community
Current status
The requirements on transboundary shipments of waste are regulated in the Bul-
garian legislation by:
Law on Limitation of the Harmful Impact of Waste on the Environment (State
Gazette No 86/1987, as amended in 2000);
Regulation for the cases when a permit is required for the import, export and
transportation of waste and the conditions and order of the issuing the permit
(State Gazette No 6/2000). The regulation defines also the cases when a bank
guarantee or insurance is required.
Law on Ratification of the Basel Convention on the Control of Transboundary
Movements of Hazardous Waste and their Disposal
Directive 94/67/EC on the hazardous waste incineration

The requirements of the directive are fuHy transposed in the Bulgarian legislation
by Regulation on the requirements for treatment and transportation of industrial
and hazardous waste (adopted with Decree of the Council of Ministers No 53/
1999; State Gazette No 29/1999);
Directive 89/429/EEC on reduction of air pollution from existing municipal

waste incineration plants and
Directive 89/369/EEC on reduction of air pollution from new municipal

waste incineration plants
The requirements of the Directive for new installations are fuHy introduced in the
Bulgarian legislation by Regulation No 11 on the conditions and requirements for
the construction and operation of municipal waste disposal facilities and installa-
tions (State Gazette No 152/1998). So far there are no installations in the country
in the scope of these Directives.
Institutional framework for implementation
The Ministry of Environment and Water, respectively the Executive Environ-
mental Agency is the national competent authority responsible for the implemen-
tation and enforcement of Directive. The Regional Inspectorates of the Envi-
ronment and Water are the competent authorities for issuing of permits and
inspection of municipal waste incineration installations.
Directive 99/31/EC on landfill of waste

The requirements of the Directive are partially transposed into the Bulgarian leg-
islation by Regulation No 12 on the requirements which must be met by the waste
treatment facility sites (State Gazette No 152/1998) and Regulation No 13 on the
conditions and requirements for the construction and operation of waste landfiHs
(State Gazette No 1521998).
The national legislation introduces in practical terms all the technical require-
ments conceming location, water control and leachate management, protection of
soH and water, gas control and stability. Permitting, monitoring requirements and
waste acceptance procedures are also established.
Bu1garia's accession to the European Union 163
The requirements of the Directive are applied for all newly built landfills. The
landfill operators are obliged to prepare and implement compliance plans for all
existing landfills.
The Republic of Bulgaria has in place a procedure for examination of risk for the
environment and human health from landfills. The procedure falls within the
scope of approved Guidelines on the scope and the content of the reports for the
assessment of past environmental damages. According to the Guidelines out of
operation landfills in privatized companies are usually considered as past envi-
ronmental damages and in compliance with the Privatization Act the cost for their
closure are covered by the State.
Requirements for the establishment of anational cadastre of waste landfills and
past environmental damages are introduced. The data about the 57 largest exist-
ing municipal waste landfills will be available by the end of 2001.
The national waste management policy envisages the establishment of a system
of regional landfills, which will gradually replace the existing more than 2500
municipal waste landfills. The National Waste Management Programme
(NWMP) envisages the construction of 37 regional landfills which will serve
about 33% ofthe population. The updating ofNWMP in 2002 should specify the
rest of regional landfill sites envisaged for construction in the period till the
accession in order to ensure the covering of whole population (territory) of the
country.
The Republic of Bulgaria considers the requirements for surface sealing set by
point 3.3. Annex I of the Directive as a recommendation. The mentioned require-
ments shall be reduced significantly on competent authorities' opinion for land-
fills closed by the date of accession. The requirements of Article 4 of Directive
75/442/EEC on waste shall apply in such case.
The Republic of Bulgaria considers that the definition for "liquid waste" accord-
ing to Article 2, point q of the Directive does not cover the mixtures of solid waste
with water intended for deposition in tailing ponds, ash ponds, slug ponds and
similar facilities.
The Republic of Bulgaria declares that the implementation of the provision of
Article 5, item 2a,b,c will be postponed with 4 years and the requirement of Arti-
cle 5, item 2c will be implemented as from 16 July 2020. As there are no available
standardized EUROSTAT data for 1995 the Republic of Bulgaria will develop
and submit to Commission not later than 31.12.2003 an assessment on the quan-
tities of landfilled municipal biodegradable waste. The assessment will be used
for the determination of targets set by Article 5, item 2 of the Directive.
The requirements of the Directive will be fully transposed into the Bulgarian leg-
islation by amending the Law on Reduction of the Harmful Impact of Waste on
the Environment (State Gazette No 86/1987, as amended in 2000) and Regula-
tion No13 on the conditions and requirements for the construction and operation
of waste landfills by the end of 2002.
Request fOT a transitional periods
The Republic of Bulgaria requests a transitional period of 2 years for the imple-
mentation of the targets set by Article 5, items 2a and 2b, as follows:
The reduction of biodegradable municipal waste to 75 % of the determined
quantities to be applied at latest by 1.01.2012;
The reduction of municipal biodegradable waste to 50 % of the determined
quantities to be applied at latest by 1.01.2015.
The national strategy for the implementation of the reduction of the biodegrada-
ble waste going to landfills will be approved by the end of 2003 at latest. After the
strategy's approval the Republic of Bulgaria will reassess the necessity for the
above-mentioned transitional period.
In case that the consideration made in the Existing legislation part on the defini-
tion of "liquid waste" is not confirmed by the Commission an additional transi-
tional period of eight years - till1.01.2015 will be required as follows:
The ban on the liquid waste landfilling not to be applied for the specified
period to all existing sites such as tailing ponds, slug ponds, ash ponds and sim-
ilar facilities. A list of facilities and types of waste landfilled will be submitted
to the Commission.
The need of such transitional period is determined by the significant investments
required for changing the applied technologies at present in mining, energy, met-
allurgy and other industrial sectors. The quantities of waste disposed in such
manner exceed 10 million tons annually.
The Republic ofBulgaria reserves the right to request additional transitional peri-
ods for specific landfill sites after examination of the criteria for inert waste clas-
sification and the criteria which have to be fulfilled for certain hazardous waste to
be accepted in hindfills for non-hazardous waste.
Directive 75/439/EEC on waste oils

The requirements of the Directive are transposed in the national legislation by
Regulation on the requirements for the treatment and the transportation of waste
oils and oil products (adopted with DCM No131/2ooo, State Gazette No 59/
2000).
The Republic of Bulgaria will assess the implementation on the Directives
requirements by the 31.12.2004 at latest. Based on the received experience the
additional measures on the implementation of waste management hierarchy by
means of increase the quantities of waste oils regenerated will be put in place.
Directive 86/278IEEC on protection of the environment, and in particular

of the soil, when sewage sludge is used in agriculture
Regulation on the requirements ofthe soil protection when sewage sludge is used
in agriculture (adopted by Decree No 26212000 ofthe Council ofMinisters, State
Gazette No 101/2000).
Directive 91/157IEEC on batteries and accumulators containing certain

dangerous substances
Regulation on the requirements on production and presenting to the market bat-
teries and accumulators and on treatment and transportation of spent batteries and
accumulators (adopted with DCM No 134/2000, State Gazette No 61/2000).
Directive 94/621EC on packaging and packaging waste

The requirements ofthe Directive will be introduced in the nationallegislation by
the end of 2002 at latest by Regulation on limitation the quantity of packaging
waste in the waste flow.
Request for a transitional period
A transitional period of five years - ti11 1.01.2012 is needed for attainment the
minimum recovery target set by Article 6, item la. The main reasons for this
request are:
assumptions for the significantly lower packaging consumption in the country;
the limited market of the recycled materials and insufficient recycling capaci-
ties which to compensate the attainment of general recovery target;
the lack of installations for incineration with energy recovery, as weH the
strong public rejection on the establishment of such installations;
the considerable investments needed for construction of such facilities and for
developing separate coHection and separation system.
the overlapping with the investments required in other waste management
areas such as closure of existing landfiHs, hazardous waste disposal, etc.
The Republic of Bulgaria will conduct the study on packaging consumption and
packaging waste generation and management by the end of 2001 at latest and
Directive's implementation plan will be developed by the end of 2002.
Directive 96/59IEC on disposal of PCBs and PCTs

The requirements of the Directive will be introduced in the national legislation
till the end of 2002 by Regulation on the requirements for the disposal of poly-
chlorinated biphenyls and polychlorinated terphenyls. The Republic of Bulgaria
started the inventory of PCBs contaminated equipment.
Directives on waste from the titanium dioxide industry

It is envisaged that the requirements of the Directive for new installations will be
introduced in the nationallegislation during the period 2002-2003. At present
there is no titanium dioxide industry in Bulgaria.
7. 7.4 Water Quality

The basic principles of the Community water policy are transposed into the Bul-
garian legislation through the Law on Water (State Gazette No 67/1999, in force
since 28.01.2000; as amended in 2000 r.)
The Law identifies four river catchment basins on the country's territory and
introduces the principles of water management based on river basins carried out
by specialized bodies through river basin management plans. Inland waters are
classified according to their ecological state. Apreeise monitoring system is
identified and competent authorities responsible for water management are des-
ignated. The Law provides for establishment of Basin Councils as consultation
bodies with public participation.
Water Quality Objective oriented legislation
Directive 76/160lEEC on the quality of bathing water

The provisions of the Directive are partially transposed into the Bulgarian legis-
lation by the following legislative acts:
Regulation No 14 on the resort resources, resort sites and resorts (State Gazette
No 79/1987 as amended in 2000);
Regulation N08 on the quality of coastal marine waters (State Gazette No 10/
2001);
Regulation on the requirements for the quality of bathing waters;
Regulation on the categorization of water in water bodies;
Regulation N07 on the quality of inland running waters (State Gazette No 96/
1986).
Directive 98/831EEC on the quality of waters intended for human

consumption
Some of the standards laid down in the existing Bulgarian legislation are stricter
than these provided by the Directive. The requirements for monitoring frequency
are similar to these laid down in the Directive. A system for sampling and testing
"at the tap" is established and functioning.
Full harmonization of the nationallegislation on the quality of waters intended
for human consumption will be achieved after adoption of the following legisla-
tive act:
Regulation on the quality of water intended for drinking and domestic pur-
poses.
Directive 75/4401EEC on the quality of surface water intended for the

abstraction of drinking water and related Directive 79/8691EEC on
sampling and analysis of surface water as amended by 9116921EEC
Identical requirements are set up in Regulation No 7 on the quality of running sur-
face water (State Gazette No 96/1986).
Full harmonization of the requirements for the quality of surface water intended
for abstraction of drinking water will be achieved with adoption of the Regulation
on the quality required of suiface water intended for drinking and domestic pur-
poses water supply by the middle of the year 2002.
Directive 78/6591EEC on the quality of fresh water needing protection or

improvement in order to support fish life and Directive 79/9231EEC on the
quality required for shellfish water
Full compliance of Bulgarian legislation with the requirements of the Directives
is achieved through the adoption of Regulation No 4 on the quality of water
intendedfor fish and shellfish life (State Gazette No 88/2000).
Emission-Control oriented legislation
Directive 911271IEEC on urban waste-water treatment

Most of the requirements are transposed into the nationallegislation through the
adoption of the following pieces of legislation:
Regulation No 5 on operation of the water monitoring system (State Gazette

No 95/2000);
Regulation No 6 on the emission limit values of dangerous substances in waste
water discharged in water bodies (State Gazette No 97/2000);
Regulation No 70n waste water discharge in the sewage systems (State Gazette
No 98/2000).
Regulation on issuing permits for waste water discharge and setting up indi-
vidual emission limit values for industrial installations;
Regulation on the categorization of water in water bodies;
Regulation on the quality of coastal marine water;
Regulation on treatment of the sludge from waste water treatment plants.
For implementation of the requirements of the national and EU legislation a
National Programme on priority building of waste water treatment plants for set-
tlements with more than 100000 population equivalent was adopted in 1999. The
programme sets up a plan for priority building or reconstruction of waste water
treatment plants for municipalities with more than 100000 population equivalent
as follows:
Building of 81 new waste water treatment plants;
Reconstruction of 23 existing waste water treatment plants.
36 of the planned waste water treatment plants (out of 104 priority waste water
treatment plants in total) will be constructed by the end of the year 2006, 10 of
those are already under construction.
A National Programme on priority building of sewage systems in municipalities
with more than 100000 population equivalent is also under implementation, sup-
porting the implementation of the National Programme on priority building of
waste water treatment plants for settlements with more than 100 000 population
equivalent.
Request for transitional periods
Due to the extremely high investment costs and the technological time necessary
to put in place the facilities needed, Republic of Bulgaria requests transitional
periods as follows:
four years - until 01.01. 2011 for meeting the requirements for settlements
with over 10 000 population equivalent,
nine years - until 01.01.2015 for meeting the requirements for settlements with
2 000 to 10 000 population for meeting the requirements.
Directive 91/676IEEC on the protection of water against pollution caused

by nitrates from agricultural sources
The requirements of the Direetive are fully transposed through the adoption of
Regulation No 2 on protection of water against pollution caused by nitrates from
agricultural sources (State Gazette No 87/2000).
Directive 80/68IEEC on the protection of ground water against pollution

caused by certain dangerous substances
The requirements of the Direetive are transposed through the adoption of follow-
ing legislative aets:
Regulation No 1 on the study, use and proteetion of the ground water (State
Gazette No 57/14.07.2000);
Regulation No 2 on proteetion of water against pollution eaused by nitrates
from agrieultural sourees (State Gazette No 8712000);
Regulation No 3 on the sanitary proteetion zones (State Gazette No 88/2000);
Regulation on issuing permits for waste water diseharge and setting up indi-
vidual emission limit values for industrial instalations
Regulation on operation of the water monitoring system (State Gazette No 95/
2000).
Directive 76/464/EEC on pollution caused by certain dangerous substances

discharged in the aquatic environment
The requirements of the Direetive and its seven daughter direetives are trans-
posed through the adoption of following legislative aet:
Regulation No 6 on emission limits for the admissible eoneentration of harm-
ful and hazardous eompounds in water diseharged in water bodies (State
Request fOT a transitional period
The measures to eliminate water pollution with substanees included in List I of
the Direetive involve teehnological aspeets which require a eertain period of time
to be implemented, as well as investment of substantial financial resourees. That
is why Republie of Bulgaria requests a transitional period of four years - untll
01.01.2011, for the implementation of the requirements of article 5 of the Daugh-
ter direetive 86/280IEC.
Legislation envisaged for establishing common monitoring and data reporting

rules
Decision 77n95IEEC on the exchange of data on the quality of surface fresh

water in the EU
Bulgaria is a member of the EEA and submits data from specific surface fresh
water monitoring stations as part of the common European network for surface
water monitoring.
1.1.5 Nature Conversation
Directive 92/43IEEC on the conservation of natural habitats and of wild

fauna and flora
Directive 79/409IEEC on the conservation of wild birds

The following legislative acts partially transpose the requirements of the Direc-
tives:
Protected Areas Act (State Gazette No 133/1998);
Nature Conservation Act (State Gazette No 47/1967, as amended in 2000);
Law on Hunting and Game Protection (State Gazette No 78/2000);
Fishing Act (State Gazette No 91/1982 as amended in 1998);
Medicinal Plants Act (State Gazette No 29/2000);
Regulation on Developing Protected Areas Management Plans (State Gazette
No 13/2000);
The Directives' requirements will be fully transposed with the adoption of Bio-
logical Diversity Law by the middle of 2002.
Directive 83/129IEEC concerning the importation into Member States of

skins of certain seal pups and products derived therefrom
The Directive's requirements will be transposed into Bulgarian legislation by the
end of 2002. There are no records of importation in Bulgaria of skins of certain
seal pups and products derived therefrom.
Directive 1999/22/EC relating to the keeping of wild animals in zoos

The Directives' requirements will be fully transposed with the adoption of Bio-
logical Diversity Law by the middle of 2002.
Regulation EC/338/97 on the protection of species of wild fauna and flora

by regulating trade therein
Cu"ent status
The institutions responsible for the implementation of the Regulation are desig-
nated with the following legislative acts:
Nature Protection Act (State Gazette No 47/1967, as amended in 2000);
Customs Act (State Gazette No 15/1998, as amended in 2000);
Regulation No 3 of the Ministry of Environment and Water on the terms and
order of coordination of the export and import certificates.
Full implementation of the requirements of the Regulation will be achieved with
the adoption of Biological Diversity Law by the middle of 2002.
Regulation EEC/3254/91 on the use of leghold traps

Cu"ent status and institutional framework for implementation
The institutions responsible for the implementation of the Regulation are desig-
nated with Hunting and Game Protection Act (State Gazette No 78/2000). These
are the Ministry of Agriculture and Forests and the Ministry of Environment
and Water.
Regulation 348/81/EEC on common mies for import of whales or other

cetacean products
The institutions responsible for the implementation of the Regulation will be des-
ignated by the end of 2002. There are not records in Bulgaria of importation of
whales or other cetacean products in practice.
International Agreements and Conventions
The Republic of Bulgaria has signed and ratified the following international
agreements and conventions in the area of nature protection:
Convention on the Conservation of European Wildlife and Natural Habitats
(the Bern Convention) - ratified on 25.01.1999, in force for Bulgaria since
01.05.1991 (State Gazette Nr. 23/1995);
Convention on Biological Diversity - ratified on 29.02.1996, in force for the
Republic of Bulgaria since 16.07.1996 (State Gazette No 19/1999);
Convention on Wetlands of International Importance Especially as Waterfowl
Habitat (The Ramsar Convention) - ratified, in force for the Republic of Bul-
garia since 24.01.1976 (State Gazette No 56/1992);
The Republic of Bulgaria is a party to and successfully implements the Con-
vention on International Trade in Endangered Species of Wild Fauna and Flora
(The Washington Convention, CITES) - ratified in 1990, in force for the
Republic of Bulgaria since 16.04.1991 (State Gazette No 6/1992);
Convention for the Proteetion of the World Cultural and Natural Heritage -
signed, ratified and in force for the Republic of Bulgaria since 1976
Convention on the Conservation of Migratory Species of Wild Animals (The
Bonn Convention) - ratified on 03.08.1999, in force for the Republic of Bul-
garia since 01.11.1999 (State Gazette No 1612000)
The Republic of Bulgaria took part in the adoption and signing of the following
agreements on the protection of migratory species:
Agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean
Sea and contiguous Atlantic Area - ratified and promulgated in the State
Gazette No 87/1999;
Agreement on the Conservation of African-Eurasian Migratory Waterbirds -
ratified by law - State Gazette No 87/1999; promulgated in the State Gazette
No 16/2000, in force since 01.02.2000;
Agreement on the Conservation of Bats in Europe - ratified by law - State
Gazette No 69/1999; Promulgated in the State Gazette No 1612000, in force
since 09.12.2000
The Republic of Bulgaria has adopted aNational Strategy for Biodiversity
Conservation, approved by the Council ofMinisters in 1998. The National Strat-
egy for Biodiversity Conservation is a long-term programme elaborated in
accordance with the requirement for national planning of the nature proteetion
activities under the Convention on Biological Diversity. The National Strategy
for Biodiversity Conservation is the first strategie programme at the national
level for biodiversity conservation elaborated in a country from Central and East-
emEurope.
The National Plan for Biodiversity Conservation is one of the obligations follow-
ing from the Convention on Biological Diversity and a direct result of the
National Strategy for Biodiversity Conservation. It was adopted by the Council
of Ministers in August 1999 and combines measures and activities to be imple-
mented during the period 1999 - 2003. The National Plan envisages priority
measures for biodiversity conservation and maintenance; the concrete activities
to be undertaken; the financial resources needed for the implementation of the
Plan' s activities; the mechanism for coordination of the participants' work for the
fulfillment ofthe tasks envisaged in the Plan.
7. 7.6 Industrial Pollution and Risk Management

Directive 96/61/EC on integrated pollution prevention and control (IPPC)
The legal basis will be laid down with the new Environmental Protection Act sub-
mitted to the National Assembly for adoption. The provisions regarding the inte-
grated permits' issuing are entirely in accordance with the texts of Directive 96/
61/EC. The Act will enter into force immediately after its adoption by the
National Assembly, which is foreseen for the middle of 2002. A Regulation of the
Council of Ministers on the order and terms of integrated permits' issuing shall
be adopted within 6 months after the Act's entering into force.
Request for a transitional period
According to the new Environmental Protection Act the deadline for issuing inte-
grated permits for existing installations is 1 January 2007. For full implementa-
tion of Directive 96/61/EC Republic of Bulgaria requests a transitional period of
5 years.
Preliminary conclusions of the analysis of the current situation are that the main
problems in connection with the implementation of the Directive are as follows:
high costs of the harmonization with the BATs;
usage of out-of-date technologies that lead to increased consumption of raw
materials and energy;
inefficient waste treatment installations (end-of-pipe);
lack of appropriate monitoring equipment;
shortage of financial resources for reconstruction and modernisation;
new and unestablished organizational structure in the enterprises after the pri-
vatisation;
insufficient information on environmental problems in the management of cer-
tain enterprises (mainly middle-size enterprises);
insufficient experience ofthe authorities (MoEW, RIEWs) on introducing the
new mechanisms for integrated pollution prevention and control.
Directive 88/6091EEC on the limitation of emissions of certain pollutants

into the air from large combustion plants
The requirements of the Directive are transposed in the nationallegislation by:
Clean Air Act (State Gazette No 4511996, as amended in March, 2000);
Regulation No15 on emission limit values for S02, NOx and dust emissions
from new large combustion plants (State Gazette No 7311999);
Regulation No 6 on the requirements for emission control measurement (State
Gazette No 31/1999);
Methodology for the estimation of emissions of harmful substances in the air,
approved by the Minister of environment and water in 2000 (elaborated on the
basis of CORINAlR methodology of the EEA).
Directive 96/82/EC Seveso TI on the control of major accident hazards

involving dangerous substances
The requirements of the Directive are partially transposed with:
Law on health and safe work conditions (State Gazette No 124/1997);
Ordinance on the activities concerning prevention and elimination of the
effects of emergencies, accidents and disasters (State Gazette No 13/1998);
Regulation No 3 on fire prevention of operating installations (State Gazette No
60/1997);
Regulation N4 on environmental impact assessment (State Gazette No 84/
1998);
Regulation NoS on risk assessment (State Gazette No 47/1999);
Regulation No 2 on prevention of accidents from activities involving danger-
ous chemical substances (State Gazette No 100/1990);
Regulation No 41 on health and safe work conditions (State Gazette No 88/
1999);
National Programme for prevention activities and limitation of the effects of
natural disasters and industrial accidents for the period 1997 - 2002.
A regulation on the control of major-accident hazards involving dangerous sub-
stances transposing the Directive's requirement will be adopted by the end of
2002. Identification of the enterprises, which fall within the scope of the Direc-
tive, is carried. According to a preliminary estimation these enterprises are
around 150 on the territory of the country.
Regulation EEC/1836/93 on eco-management and audit scheme (EMAS)
Regulation EC/1980/2000 on a EU eco-Iabel award scheme

Current status
The voluntary schemes for eco-management and audit and eco-Iabel award are
introduced in the new Environmental Proteetion Law. The detailed requirements
for the organization and implementation of the voluntary schemes will be intro-
duced with the Regulations under the new Environmental Protection Law within
1 year of its entry into force.
1.1.7 Chemieals
Directive 8712171EEC on the prevention and reduction of environmental

pollution by asbestos
The Directive's requirements are partially transposed with the following legisla-
tive acts:
Regulation No 12 on the sanitary ruIes for import, manufacture and use of
asbestos and asbestos-containing materials and products with the purpose of
protection the workers and population from the harmful impact of the asbestos
dust (State Gazette No 98/1993);
Order ofthe Ministry ofHealth No RD-09-618 of 1995, with which the import
and manufacture of asbestos cardbox, asbestos rolls impregnated with graphi-
tis, thermo-isolative flex, containing asbestos is prohibited from 01.06.1996;
Regulation No 2 on the emissions limit values (concentrations in waste gases)
of harmful substances, emitted in the atmospheric air from stationary sources
- art 21 (1) introduces value of allowed concentrations on mass in unit volume
of air, analogic to that, proposed in the Directive (State Gazette No 51/1998);
Regulation No 13 about the allowed concentrations of harmful substances in
the air of working environment (State Gazette81/1992);
Environmental Protection Act - Annex to art. 20,paragraph.l,p.l - p. 2.6 and
p .. 12.6 - projects for production of asbestos and manufacture of asbestos and
cement containing products are subject to EIA;
Law on Limitation of the Harmful Impact of Waste on the Environment;
Clean Air Act;
Regulation No 7 on the hygiene requirements of the residential areas (State
Gazette No 46/1992)- p.189 and p. 202 of Annex 1;
Regulation No 13 on the constructing and use of waste landfills (State Gazette
No 152/1998).
A draft regulation on the limitation and reduction of asbestos pollution of the
environment will repeal Regulation No 12 on the sanitary rules for import, man-
ufacture and use of asbestos and asbestos-containing materials and products and
will transpose the requirements of Directive 87/217/EEC.
Directive 98/81EC on the placing of biocides on the market

The Directive' requirements are partially transposed with:
Regulation No 8 on the requirements for desinsection and deratization (State
Regulation No 27 on the import of goods for the health of the population (State
Regulation No 17 for the management of stations for desinsection and derati-
zation (State Gazette No 87/1992);
Ordinance No 194 of 3.10.1991 on the organization of measures against
insects and rodents-pests.
The requirements of the Directive will be fully transposed and implemented by
the end of 2002 with the adoption of a Regulation on the permitting 0/ biocides
products. The adoption of a new Regulation amending Regulation No 8 is envis-
aged by the middle of 2002.
Directive 86/609IEEC on the proteetion of animals used for experimental

and other scientific purposes
The Directive's requirements are partially transposed with:
Law on veterinary medicine (State Gazette No 42/1999).
According to the NPAA a Regulation on the protection 0/ animals used for exper-
imental and other scientific purposes will be elaborated and adopted by the mid-
dIe of 2002 and will fully transpose the Directive's requirements.
Regulation EEC/2455/92 on the import and export of certain dangerous

chemieals
The Ministry of Environment and Water and the Customs Agency are the
competent authorities for the implementation of Regulation EEC/2455/92
according to the Law on the Protection from the Harmful Impact of Chemical
Substances, Preparations and Products. Republic of Bulgaria has ratified the
Convention on the procedure on prior informed consent foe international trade of
dangerous chemical substances with a Law on Ratification (State Gazette No 55/
2000). An Ordinance on the requirements for the import and export 0/ certain
dangerous chemieals is being elaborated. The administrative framework for the
future implementation of the Regulation will be created with this Ordinance and
the specific rights and duties of the competent authorities and the importers/
exporters of certain dangerous chemicals will be determined.
Regulation EECn93/93 on the evaluation and control of the risks of

existing substances and Regulations EECI1488/94, EC/1179/94, EC/2268/95,
EC/142/97 and EC/143/97
Current status and institutional framework for implementation
The competent authorities for the implementation of Regulation EEC1793/93 are
those, designated for the implementation of the requirements for the risk evalua-
tion of new chemical substances. These authorities will be designated with the
adoption of an Ordinance on the evaluation of the risks to the man and environ-
ment of new chemical substances under the Law on the Protection from the
Harmful Impact of Chemical Substances, Preparations and Products by
31.06.2002.
1.1.8 Genetically Modified organisms

Directive 90/2191EEC on contained use of genetically modified
microorganisms (GMMs)
The Directive's requirements will be transposed with the adoption of a Law on
GMOs. The adoption of the Law is foreseen for the end of 2002.
Directive 90/2201EEC on deliberate release into environment of genetically

modified organisms
The Directive's requirements are partially transposed with the following legisla-
tive acts:
Ordinance on the deliberate release of genetically modified higher plants, cre-
ated by recombinant DNA technology (State Gazette N070/1996);
Regulation on labelling and food presenting requirements (State Gazette No
6212000).

Initiated legislative measures for full transposition of the Directive's require-
ments:
Act on GMOs , to be adopted by the end of 2001.
Bulgaria has signed and ratified Cartagena Protocol on Biosafety to the Con-
vention on Biological Diversity, adopted in Montreal on 29.01.2000 - (State
1.1.9 Noise from vehicles and machinery

The future legislation in this sector will be based on the Framework Directive
2OO0/141EC on noise emissions control. As this is a "new approach" Directive,
the by-law, which will transpose its requirements into the Bulgarian legislation,
will be issued under the Law on Technical Requirements to the Products. 13
standards under the Directive will be introduced as national ones.
With the adoption of a regulation under the Law on Technical Requirements to
the Products and the introduction of relevant standards, Republic of Bulgaria will
achieve full harmonization with the EU legislation in sector Noise.
2. Investment strategy for the Environment in Bulgaria

In 1999 in the field of environmental management and protection the following
national sector program documents were adopted by the Council of Ministers:
1. National Program for waste management activities;
2. National Program for priority construction of WWTP in the towns with popu-
lation above 10000 equivalent inhabitants;
3. Action Plane for Biodiversity Protection to the Strategy of Biodiversity pro-
tection.
In these tree documents the main objects to be achieved are identified, action
planes are developed, where necessary measures which will be undertaken are
determined (investment, institutional, legislative, etc.), investment programs for
the period 1999-2002 are developed. These programs inc1ude priority investment
projects which are on the basis of criteria - general and specific, which are spec-
ified in the documents, necessary financing for the realization are pointed out and
the potential financial sources are identified.
Experts from different state institutions, companies - state and private, scientists,
representatives of NGO"s, municipality authorities, and other organizations par-
ticipated in the development process of these documents inc1uding the determi-
nation of the criteria for identification of priority projects. These documents are
coordinated with all institutions and organizations concemed, inc1uding the
Association of the municipalities in Bulgaria.
There are also several special programs and strategies: National Program for
phasing out of lead gasoline, National Program for Phasing out of ozone deplet-
ing substances, which were adopted in the previous years and are implemented
successfully at present. The procedure for their preparation is similar to the above
described.
The Ministry of environment and water developed a Program for necessary
measures to be undertaken in the periods of drought. In this program the main
legislative and investment measures to be undertaken are identified. The Program
is adopted by the Council of Ministers in December 2000.
2.1 Presentation of estimations of costs sector by sector

The assessment of the necessary costs - investment and institutional ones, for the
harmonisation of the Bulgarian legislation in the environmental sector with the
European one, was carried out in 1998 with the technical and financial support of
the European Union - project "Technical assistance for the preparation of the
National Programme for the Adoption of the Acquis". The assessment was done
for the period 1998-2015 and is based on statistical information, expert assess-
ments, prepared programmes and studies. The updated detailed assessment of the
costs for the implementation ofthe different directives was carried out in 1999-
project BUL 111 "Development of Bulgarian Implementation Programme for
Approximation ofEU Environmental Legislation", realized again with the finan-
cial support of the European Union. The latest research for the accession costs was
made by the experts of the World Bank for the preparation of Economic memo-
randum for Bulgaria, which was presented officially on the 5 of March 2001.
The general estimation of costs of approximation and implementation of Euro-
pean legislation is as folIows:
Environmental Costs of EU Accession

Investment AnnualInv. O&M Costs Total Annualized
Costs Costsa
Sector ( million) ( million) ( million) ( million)
Min Max Min Max Min Max Min Max
Air pollution
- Coal heating 543 752 64 88 95 132 159 220
- Transportlfuel 2,103 2,103 247 247 219 219 466 466
-Existing power 405 405 48 48 77 77 125 125
plants
Drinking water 246 1,463 29 172 16 53 45 225
Sewerage 734 1,114 86 131 16 22 102 153
Wastewater 476 850 56 100 49 102 105 202
treatment
Waste manage- 850 1,150 100 135 93 132 193 267
ment
Nitrate 103 155 12 18 12 18
Others b 30 30 3 3 12 12 15 15
Total Compli- 5,490 8,022 645 942 577 749 1,222 1,691
anee CostsC
Notes:
a. This includes costs related to strengthening of public administration and subsidies for
nature protection.
b. Excludes nuclear safety, trade, and clean up of past pollution, and partially includes
investments in transport and industry.
c. When other environmental costs driven not by the environmental directives but by the
single market directives are also included.
The responsibilities lie mainly with the munieipalities and the private seetor.
It is expeeted the EC offieial guidelines for assessment of neeessary eosts for
eomplianee and preparation of investment programs to be published soon. After
reeeiving these Bulgaria will prepare detailed assessments and investment planes
for eaeh of the direetives in the field of environment.
For the seetors water, air and waste, the total value of the neeessary investments
for the period 2000 - 2006, is 3 081 MEUR, while assuming that the fuH adoption
of the European legislation for these 3 seetors would be aehieved in 2015, and
2 409 MEUR, if sueh fuH adoption is aehieved in 2020.
In the Table below is presented a eomparison of the envisaged funds for the envi-
ronmental seetor - for the eomponents of air, water and waste management, in the
National Development Plan (NDP) for Bulgaria in the period 2000--2006 and the
neeessary eosts for implementation of the requirements of the European Diree-
tives for the same period. Two variants are presented: Aehieving of fuH imple-
mentation of the European legislation unti12015 and unti12020:
Funds, envisaged in the NDP - 2000 - 2006 for investments in the environrnental sector,
MEUR
Period 2000 2001 2002 2003 2004 2005 2006 Totalfor
the
period
National budget 12.6 13.9 13.9 14.4 10.6 9.9 8.9 84.2
NEPF 19.9 21.4 25.0 27.5 29.3 29.3 29.3 181.7
Municipalities 4.2 4.7 5.1 5.6 6.1 7.1 7.1 39.3
Cornpanies 144.9 175.3 169.2 175.0 185.4 195.6 195.6 1,235.0
ISPA 45.0 45.0 60.0 57.5 52.5 42.5 42.5 350.0
Loans 23.0 23.0 28.0 8.0 8.0 8.0 8.0 106.0
TOTAL 249.6 283.3 301.2 288.0 291.9 290.8 291.4 1,996.2
Necessary funds for the three cornponents
Achieving of corn- 436 470 427 437 434 436 441 3,081
pliance until 2015
Achieving of corn- 340 374 331 341 338 340 345 2,409
pliance until 2020
Insufficiency of funds
Achieving of corn- 186.4 186.7 125.8 149.0 142.1 145.2 149.6 1,084.8
pliance until2015
Achieving of corn- 90.4 90.7 29.8 53.0 46.1 49.2 53.6 412.8
pliance until 2020
2.2 Identification of financial sources

In the table below is given information about the ineurred expenditures from pub-
lie financial sourees for the realisation of environmental investment projeets for
the last 2 years.
Expenditures for environmental projects (in MEUR)

Source 1997 1998 1999
National Budget 0.9 5.4 5.7
National Environmental Protection Fund 3.6 22.3 27
Others* 78.8 112.3 189.3
TOTAL 82.6 140 222
* Note: Under the item "Others" are included the expenditures for environment, by the eco-
nomic subjects and the municipalities (according to datafrom the National Statisticallnsti-
tute).
Preliminary data for the environmental expenditures from publie sourees in 2000
is as follows IMEURO/:
National budget: 14
National environmental Proteetion Fund: 26
Note: The official information will be available at the end of2001.
The envisaged environmental expenditures from publie sourees for 2001 are as
folIowslMEURO/:
National budget: 16.5
National environmental Proteetion Fund: 25
The relative share ofthe expenditures for environment (from local sourees) from
the GDP for the last 2 years is as follows:
1997 -1.0%
1998 -1.3%
1999 - 2.0%
The need of additional investments in the environment for all eeonomie seetors in
Bulgaria is evident. It is eonditioned by the important requirements eoneerning
environmental proteetion and management, faeed by affeeted eompanies.
It should be stressed that the study of the funds needed for implementation of the
European Community's requirements eoneerning environmental proteetion and
management shows that they eonsiderably exeeed the possibilities of existing
national finaneial resourees: State and municipal budgets; National Environmen-
tal Proteetion Fund (NEPF) and eompanies' resourees. It is evident that addi-
tional external sourees of funding are needed. To ensure them, Bulgaria will rely
on financial instruments of the European Union (including pre-aeeession funds
such as ISPA and LSIF), as weIl as on provisions of funds from international

financial institutions and on foreign investments attracted for environmental
projects.
State budget and municipal budgets - these sources are mainly used for infra-
structure development in the field of waste disposal (including hazardous waste
in some cases) and waste water treatment.
The National Environmental Protection Fund (NEPF) was established in
December 1992, according to the provisions of the Environmental Protection
Act. The Regulation on raising, spending and control of the resources of environ-
mental protection funds defines the sources of fund-raising, sets priorities for
financing, and outlines procedures for accounting, management and control of
the resources spent. It also determines the statute of the national and municipal
environmental funds.
The main objective of the National fund is to ensure financial support for the
environmental policy of the Republic of Bulgaria through accumulation of out-
of- budget funds. Financing is in the form of subsidies for municipalities or loans
bearing low or no interest to companies. The Fund is established to solve acute
environmental problems on anational or locallevel and to finance priority envi-
ronmental projects.
a. Environmental fines. Fines for pollution or damage of air, waters, soils, etc.
above the admissible level are the economic instruments applied most in Bul-
garia. The collected revenues are channeled as follows: 30% to Municipal
Environmental Fund where the fine was levied, and, 70% to the National
Environmental Fund.
Collected revenue from all environmental fines

MEURO
1999 0.8
2000 1.15
Source: Ministry of Environment and Waters.

b. Administrative charges. Administrative charges are issued by the Ministry of
Environment and Waters and its regional bodies on: different licenses; char-
ges for environmental impact assessments; allocation of quotas for using
endangered biological resources. Incomes are channeled to the National
Environmental Fund. The rate of charges has been updated in 1999.
Collected revenue from administrative charges

MEURO
1999 0.23
2000 2.14
Source: Ministry of Environment and Waters
c. Liquid fuels tax
Collected revenue from liquid fuels tax

MEURO
1999 23.35
2000 21.06
Source: Ministry of Environment and Waters
d. Product charges
For used tires were already introduced in 1999
For used batteries were introduced at the end of 2000 and came into force
since 01.01.2001
It is envisaged product charges for packaging
e. The charges for the right to use the water and/or perrniued use of water object
are introduced in 2000.
The charges concern the use of the water as a natural resource and its value as
such. The adopted level of charges determine the differentiation of the charges in
accordance with the objectives for use of water basin and is related with its influ-
ence on the water as a natural resource.
The relevant shares of the investment expenditures for sectors water, air and waste compared
with the total investment expenditures made by the NEPF are as follows:
1999 2000
MEURO % MEURO %
Water 14.3 56 13.3 51.75
Air 1.6 6.27 2.3 8.95
Waste 4.7 18.43 7.2 28
Others 4.9 19.3 2.9 11.3
Total 25.5 100 25.7 100
The National Trust Eco-fund is established according to the provisions of the

Environmental Protection Act and those of the Debt for Environment Contract,
signed in 1995 between the Governments of Bulgaria and Switzerland. This Fund
has the statute of juridical person.
The objective of the Fund is to manage the resources intended to finance projects
for improvement of the state of environment in Bulgaria. The funds raised are
usually used for: financing investment in environmental projects of national;
remediation of past contaminations, and past environmental damages; provision of
facilities designed for environmental purposes; provision of technologies for ensUf-
ing lowest emission values under demonstrated industrial conditions; biodiversity
activities and conservation of protected areas; supporting the activities of economi-
cally viable enterprises in accordance with the requirements ofthe environmentalleg-

islation; assistance for fulfillment of international obligations of the country, aris-
ing from international agreements and treaties, etc.
Financial resources from the European Union - ISPA and LSIF (for big infra-
structure projects), PHARE - National Programme and Crossborder Co-opera-
tion Programme, etc.
Attracting foreign investments for environmental projects in the energy sector
by applying the '10int implementation" mechanism in accordance with provi-
sions of the Framework Convention on Climate Change.
Ensuring provision of funds from international tinancing institutions.
Attracting funds within the framework of intergovernmental agreements in
the field of environment, as weIl as from international donors' programmes and
organizations.
Implementation of Debt for Environment Swap deals.
Attracting private investment for improving the quality of municipal services in
the fields of municipal waste management and municipal sanitation, water sup-
ply, sewerage and waste water treatment by means of concessions.
The efforts are concentrated on investment planning, co-ordination of financial
flows coming from different sources and monitoring of project implementation.
In the Table below a comparison of the envisaged funds for the environmental
sector is presented - for the components of air, water and waste management, in
the National Development Plan (NDP) for Bulgaria in the period 2000-2006,
approved by the Council ofMinisters in 1999.
Funds, envisaged in the NDP - 2000 - 2006 for investments in the environmental sector,
MEUR
Period 2000 2001 2002 2003 2004 2005 2006 Total
forthe
period
National 12.6 13.9 13.9 14.4 10.6 9.9 8.9 84.2
budget
NEPF 19.9 21.4 25.0 27.5 29.3 29.3 29.3 181.7
Municipali- 4.2 4.7 5.1 5.6 6.1 7.1 7.1 39.3
ties
Companies 144.9 175.3 169.2 175.0 185.4 195.6 195.6 1,235.0
ISPA 45.0 45.0 60.0 57.5 52.5 42.5 42.5 350.0
Loans 23.0 23.0 28.0 8.0 8.0 8.0 8.0 106.0
TOTAL 249.6 283.3 301.2 288.0 291.9 290.8 291.4 1,996.2
The maximum effective utilisation of the funds requires:

Determining of the priority projects for financing on the basis of c1ear criteria
and continuity in time;
Co-ordination of the policies at national and local levels and improving the
exchange of information;
Improving the quality of the prepared projects, in order to present competitive
projects to the donors and the credit institutions;
Improving of the capacity of the municipalities for attracting of private invest-
ments into the communal services;
Uniting the efforts of the municipalities for solving of common problems.
Development of environmental education
in Brandenburg - an assessment of financial
support programmes and structures
Carolin Schilde
1. Structure of informal Environmental Education in the

State of Brandenburg
Since 1990 environmental education is a topic in the Department of the state
Brandenburg. Since 1999 it's a topic in the Ministry for Agriculture, Environ-
ment and Regional development.
While the Ministry for education is responsible for the environmental education
at schools, the external environmental education is our part. Belonging to them,
there are the coordination of professional environmental education and of univer-
sity education as weIl as environmental consultation and information. Another
topic of our Ministry is the co-operation with the free carriers of the environmen-
tal educational organization and different associations and federations, which
make supplies for environmental education.
While about 30 environmental educational organizations existed to 1991, there
were already in 1995 57 facilities and in 1998 over 94 of these educational facil-
ities. Some of them are new. Others again formed themselves from former edu-
cational or leisure facilities. As a result a structure of environmental educational
facilities have been developed: nature and environmental centers, visitor centers,
forest-educational centers, schoolland hornes and others.
100
90
...w
80
70
60
r.iWI -
50
40 -
30 ~
."
-
20 I-- -
--
10 f-- -
o '""-
1991 1995 2002
Num bar of Envlronm ental Educatlonal

Centers
Figure 1. Development of Environmental Educational Centers from 1991 to 2002

188 Caro1in Schilde
We have compiled all of them in a catalogue. The distribution shows a surface

covering supply in the country here. A German-far evaluation study of the Free
University of Berlin acknowledged these fact in 1998. This evaluation acknowl-
edged also the correct decision, that since 1995 no more new environmental edu-
cation-centers were promoted. The emphasis lies on the contentwise arrangement
of the centers and the introduction of a high quality to the supplies. Today we use
also the Internet for information.
Umweltbildungseinrichtungen
im Land Brandenburg
Natur- und Umweltzentren, Besucher-Informationszentren, Schul -
landheime, Waldpdagogische Einrichtungen, Weitere Umwelt-
bildungseinrichtungen, Jugend- und Freizeiteinrichtungen
~
Arbeilsgemeinschafl
Natur- und Umwehbildung ( A U)
Landesarbeil 'ge meinschaft BrandenbllJg e. v. ANU
Figure 2. Catalogue of Environmental Education Centers
Environmental Education in Brandenburg 189
Land Brandenburg
Katalog der Umweltbildungseinrichtungen
Stand: Dezember 1997
._. ..,,-_...
.-

. -~
wH ' ! i"'~
JugonO- .....- . -
.- . ......
--- -
Figure 3. Distribution of the Centers in the County of Brandenburg
Structure
Nature- and Environrnental Centers
Visitor-Centers
Forest-Educational Centers
School Land Hornes
Further Centers
190 Carolin Schilde
Figure 4. Nature- and Environmental Center: 3-Eichen - Buckow
Figure 5. Nature- and Environmental Center: Domesspace - Wulkow
Nature and environmental centers offer the whole spectrum of environmental

education meetings and projects for all age and target groups. They have demon-
stration units and possess in each case their own specific ll profile. For instance
topics are offered like ecological building, healthy nutrition, ecological agricul-
ture, regenerative energies Auenoekologie or ecological model municipality.
There are Visitor Centers are in our 15 nature parks, 3 biosphere reservations and
we can find them in connection with our large protected area, the national park
"Unteres Odertal". By law and regulation they inforrn about targets and functions
ofthe protected areas. They were supported by our Oeko-Rangers.
In the state of Brandenburg, there are 27 forest schools, 5 forest theatres, 2 forest
museums, 19 school forest and other forest-educational supplies. These struc-
tures are closely linked with the forest state office.
Schoolland hornes as holiday camps are destination for class travels for children
and young people. They offer the possibility for meeting nature by their natural-
space position. There are 23 schoolland hornes in the state.
Other centers, like school farms, leisure facilities or special youth centers com-
plete the supply in our state.
Together with the free carriers, which had organized themselves in a country-
wide working group for nature and environmental education, quality criteria
were compiled and co-ordinated as weIl as developed advanced training for paed-
agogues and multiplicators. Cooperations with the free carriers took place in
frarnework from annual trade conferences, in the course from project promotions
and by means of the tuning from target lists of actions.
Cooperation with the free Carriers

State-wide working group: ANU - Arbeitsgemeinschaft Natur- und Umwelt-
bildung, LV Brandenburg
Quality Criteria
Annual Conferences
Target Lists of Actions
Financial Prograrns for Project Promotion
Voluntary Ecological Year
~ ..
M _..... 11Nf'I ,...... IIIM ____. . . .
. . U" .... ldalJ:.
Figure 6. German Environrnental Education Project: ANU 2000

192 Carolin Schilde
Network of the ANU ; German-far

Conferences
Periodical
Material
Environmental Educational Center
Speaker Pool
In the meantime it can be spoken that there is an education market within the
environmental area. Together with the Ministry of Labour the Ministry of Envi-
ronment already executed in 1993 an analysis to the actual requirement of pro-
fessional qualification and re-education measures. Into this area many national
funds and also European Union funds flowed. For this reason very many free
education carriers had specialized in environmental education. In the result of the
investigation the funds could be used now directly in such qualification supplies,
within which areal requirement at the job market prevailed.
Education and also environmental education have an important function as exist-
ence welfare and future protection. Therefore the education market cannot be left
easily to the free play of the forces. That' s why Ministry of Environment exerted
influence on the development of the structures and contents of the except-school
environmental education over a direct development funds.
2. Financial guidelines and development program

10 years ago projects for environmental education were promoted in the context
of a model project program. The except-school environmental education was an
emphasis apart from the topics regenerativenergies, ecological village develop-
ment or innovative nature proteetion projects. Financial ressources were availa-
ble. So could be promoted the new building of centers or the re-organization of
centers or the change of environmental educational facilities.
Additionally, exemplary models could be promoted such as "Environmental edu-
cation in the so-called kinder garden" or advisory service for consumers. Target
of the model projects was to integrate the environmental education in available
areas or structures.
Figure 7. Financial Structures for Environmental Educational Projects

While in the first 3 years a lot of financial support was available, these became
decreasingly since 1993. In addition showed up financial support in the promo-
tional practice, that it is not sufficient to promote only model projects. It would be
better to transport the results into the whole state. Therefore the environmental
education was extracted from the model project guideline. Its own guideline was
created. From today's view it was a double correct decision, because the model
project guideline doesn' t exist since 1996.
Financial Programs
2.500.000
2.000.000J . l - - - - -
1.500.000
in DM _ _--I 0 Fin. Educ. Program
1.000.000 Lottery
500.000 - - - - I Labour Pro amm
o
1998 1999 2000
Figure 8. Project Promotion
Already after a year promotional practice according to the new environmental

education guideline showed itself, that the trifte boundery of the guideline, which
meant that projects may be promoted only starting from 5.000 DM, it led that
small projects were not supported or the costs artificially up were ftoated. There-
fore 1994 started a new promotion program "Healthy Environment - our future in
the state of Brandenburg". Now small projects until 5.000 DM could be pro-
moted. Partners were the environmental foundation WWF and the health insur-
ance company AOK. The AOK has regional places and was a partner and check
locally. The foundation WWF was responsible for the technical assistance and
the Ministry of environment gave the cash and participated with all project deci-
sions. The selfinitaitive and the honorary activity of numerous adults and young
people could be supported by this program.
Until today over 600 applications were placed and a half of them could be pro-
moted. Unfortunately the AOK had to separate by function reforms from this pro-
gram. And so the program was continued as successful co-operation between
WWF and the Ministry since 1996.
In the course of more scarcely becorning household means and a modified finan-
cial policy 1996 there were no more investment activities available. Therefore
look out had to be held after new or other suitable financial means. These showed
up in the so called "Lottery-means". These lottery means became the second
financing column for the except-school environmental education.
194 Carolin Schilde
The program of labour policy became the 3. Place 1998 of financial means for
envirnmental education. This as a temporary solution favoured and used guide-
line offers the promotion of labour costs. Over 300 places in environmental cent-
ers were subsidies since 1998. However this financing model is afflicted with
many lack. So it can be recommended only as a temporary solution. The time is
again ripe to adapt the financing models to the requirements in the reality. There-
fore we are working on a model which guarantee a high quality level to the envi-
ronmental educational facilities. That's even in times of scarce checkouts a very
difficult and lengthy venture, but we remain to!
References
ANU, MLUR (Hrsg.), Katalog der Umweltbildungseinrichtungen im Land Brandenburg, Pots-
dam 1998
BLK (Hrsg.): Bildung fr eine nachhaltige Entwicklung, Gutachten zum Programm von G de
Haan und D. Harenberg, FU Berlin, Materialien zur Bildungsplanung und Forschungs-
frderung, Heft 72, 1999
BMU (Hrsg.), Umweltpolitik, Konferenz der Vereinten Nationen fr Umwelt und Entwicklung
im Juni 1992 in Rio de Janeiro, Dokumente, Agenda 21
DBU (Hrsg.), Jahresbericht 2001
Gahsche J.: ANU LV Brandenburg, Handbuch fr umweltbezogene Bildungs- und Beratung-
sarbeit im Land Brandenburg, Potsdam 1996
Gemeinsame Richtlinie des Ministeriums fr Arbeit, Soziales, Gesundheit und Frauen, des
Ministeriums fr Bildung, Jugend und Sport, des Ministeriums fr Landwirtschaft, Umwelt-
schutz und Raumordnung, des Ministeriums fr Stadtentwicklung, Wohnen und Verkehr
und des Ministeriums fr Wissenschaft, Forschung und Kultur ber die Gewhrung von
Zuwendungen fr Strukturanpassungsmanahmen nach den 272 ff. des SGB m, Pots-
dam200
Haan, G de, Giesel, K., Rode, H.: Evaluation der auerschulischen Umweltbildung in Deutsch-
land, Empirische Studie, Berlin, Mrz 2000
Linneweber, v., Kals E. (Hrsg.): Umweltgerechtes Handeln, Barrieren und Brcken, Springer
Verlag 1999
Richtlinie zur Gewhrung von Finanzhilfen des Ministeriums fr Landwirtschaft, Umwelts-
chutz und Raumordnung des Landes Brandenburg fr Vorhaben zur Frderung der Umwelt-
bildung, -erziehung und -information
Schleicher K. (Hrsg.): Umwelterziehung, kologisches Handeln in Ballungsrumen, Lemorte
in der Umwelterziehung, Bd. 6, Verlag Dr. Krmer 1992
Schleicher K. (Hrsg.): Umwelterziehung, kologisches Handeln in Ballungsrumen, Die
Zukunft der Umwelterziehung, Bd. 7, Verlag Dr. Krmer 1994
Landscape planning in Eastern Europe - an
established instrument for nature protection in
Germany and its potential as a model for
regulating nature protection and landscape
conservation in Central and Eastern Europe
Matthias Herbert
1. Introduction
The protection of nature and the conservation of landscapes together form the
basic principle upon which EU environmental policy is founded, as witnessed by
developments in EU regional planning and agrlcultural policy. This priority has
likewise to be adopted by EU accession candidate countries. Although individual
accession candidates have already committed themselves to comply with specific
EC directives (notably Directive 97/11IEC on the Environmental Impact Assess-
ment of Certain Public and Private Projects of 3 March 1997 and the Flora Fauna
Habitat Directive 921431EEC of 21 May 1992), there is still uncertainty as to how
both the directives and the general requirements of nature and landscape protec-
tion are to be implemented in these candidate countries in such a way that EU
demands are fulfilled.
Through the European Council, the EU member states have repeatedly debated
how best to ensure effective nature and landscape protection is practised on a
comparable level throughout Europe, in accordance with international agree-
ments and conventions. Arecent example which shows how seriously this matter
is taken is the European Landscape Convention, adopted on 19 July 2000 and
signed in Florence on 20 October 2000 by 18 countries. Further conventions,
agreements and political declarations of intent, such as
the Convention on Biological Diversity or
the Paneuropean Biological and Landscape Diversity Strategy (PEBLDS),
have also to be considered in this context and observed by all Europeans.
Other European initiatives at specialist level include
the European Cooperation in the field of Scientific and Technical Research
(COST), Action 341: "Habitat fragmentation due to transport infrastructure",
Infra Eco Network Europe (IENE), or
the pilot study of the NATO Committee on the Challenges of Modem Society
(CCMS) on the environmental impacts of certain public activities.
At the same time, the strong economic and infrastructure orientation ofthese ini-
tiatives underlines the enormous development pressure feIt throughout the EU
196 Matthias Herbert
and its area of expansion; the task on hand is how to release this pressure in a
manner which is compatible with the needs of the environment and nature pro-
teetion.
The German nature proteetion instrument of landscape planning will be used here
as an example for the potential lessons which can drawn from an instrument
whieh is weH and truly established at national level in respeet of nature proteetion
and environmental poliey at EU level. It is not the intention here to transplant, in
toto, alandseape planning eoneept aeeording to a German or any other national
model already established in Europe, but rather to investigate how elements of
the instrument (e.g. sources of information and evaluation eriteria) and its posi-
tive effeets eould be applied in future EU member states to protect nature and
landscapes in the face of fieree pressure to promote eeonomie development.
As a first step towards the harmonization of nature proteetion and environmental
poliey in the EU, the eontent and form of the systems eurrently in use in Europe
have to be compared. The patehy, fragmentary impression left by this eomparison
of systems refleets the seant progress made to date in the harmonization of EU
nature proteetion poliey. Mueh remains to be done in the next few years if nature
and landscapes are not to be saerifieed to the (admittedly neeessary) further eeo-
nomie development of the EU and its expansion area 1
2. Developments in European regional planning policy

Regional planning poliey has gained in importanee in Europe in reeent years.
Both the European Commission and the EU member states have been devoting
more attention to this poliey area through the Committee for Regional Develop-
ment. One result of their labours is the European Regional Development Concept
(EURDC), designed to ensure the regional development strategies of the member
states are eoherent and eomplement one another, and also to provide a diseussion
platform for regional planning aspeets of EU poliey. The EURDC doeument was
presented at the informal meeting of the Couneil of Ministers of Regional Plan-
ning held in Potsdam on 10 and 11 May 1999.
EURDC projeets avision of the future topography of the European Union whieh
is supported jointly by the member states and the European Commission. It
presents a general framework for regional planning measures and guidelines for
publie and private poliey-makers and aetors. EURDC is intended to help inte-
grate the very different territorial struetures and requirements in the EU within
the policy-making proeess, and to improve the eoordination of the various publie
1 The Federal Authority for Nature Protection (Bundesamt fr Naturschutz - BfN), in coop-
eration with the Federation of German Landscape Architects (Bund der Deutschen Land-
schaftsarchitekten - BOLA) and the Institute of Landscape Conservation and Nature
Protection at the University of Hannover, supports the establishment of an information
and exchange platform for present and prospective EU member states in order to facilitate
this transfer of methods and experiences.
A German nature proteetion instrument as a model for CEE countries 197
authorities involved without having adetrimental effect on the welcome diversity

of European landscapes. EURDC is meant to facilitate "integrated regional
development through new forms of cooperation instead of isolated sectoral poli-
eies", whereby the proteetion of nature and cultural heritage are expressly men-
tioned as the target of regional development policy.
Any discussion of regional development at EU level automatically leads on to the
policy minefields of agriculture and transport. With the forthcoming expansion of
the EU in mind, standards are being set for eastern European countries which
may have a negative impact on ecosystems and landscapes. Mention need only be
made here of the anticipated intensification of agricultural production or of the
European road network (Transeuropean Network, known as TINA in the EU
accession countries), which the EU is determined to pursue in a manner that is
environmentally compatible and promotes the proteetion of nature.
This raises the question as to if and how the declared aims and requirements of
nature and landscape proteetion are to be integrated and implemented in the fur-
ther development of the economic area of the European Union. Here the German
nature proteetion instrument of landscape planning offers a model in the form of
information, examples and evaluation principles, which is designed to promote
the environmental side of the policy of sustainable development.
3. Regulations concerning nature or landscape protection

Regional planning and development authorities have a range of agreements,
guidelines and strategies at their disposal. Some of the underlying principles of
these policy tools are discussed here in order to show that the development of
Europe can only be sustained in future if economic, ecological and social inter-
ests are accorded equal rights2.
Paneuropean Biological and Landscape Diversity Strategy - PEBLDS

Adopted by the European Council in 1996 and signed by 55 countries, the Strat-
egy was intended to form the basis of concensus regarding all activities which
could have an impact on biological diversity. It is a political agreement, and owes
its origins to a joint initiative of the European Council, the UN Environmental
Program (UNEP) and the European Centre for Nature Conservation (ECNC).
Despite the fact that it is non-binding, the Strategy still acts as an important base-
line for many initiatives and agreements, and for their justification.
The Strategy sets out ten basic principles which are to be followed in all relevant
activities. To these basic principles belong those of prevention, precaution and
causation, as weIl as the principles of providing alternative sites and of ecological
compensation.
2 The Convention on Biological Diversity. the EU Bird Protection Directive and the Flora
Fauna Habitat Directive are deliberately excluded from this discussion. as it is presumed
the reader is familiar with their provisions.
Action Theme 2 of the first Action Plan (1996-2000) was "Integration and con-
sideration of biological and landscape diversity in the sectors", while Action
Theme 4 concemed landscape protection and the drafting of guidelines.
EU biological diversity strategy

The Convention on Biological Diversity was ratified by the EU in 1993. In Feb-
ruary 1998, the European Commission commenced discussions on a biological
diversity strategy for the EU. This strategy, which ought to take EU policies into
account, covers four main thematic areas:
protection and sustainable use of biological diversity;
compensation for the benefits of using genetic resources;
obtaining, monitoring and exchanging information; and
education, training and development of awareness.
The strategy comprises three main phases. It starts by formulating 46 general
aims, followed by sectoral action plans with quantified targets and, finally, pro-
visions for ensuring and checlcing their implementation. It also provides for the
participation of interested parties in both the development and implementation of
the targets.
EU Landscape Convention
The Convention is sweeping in scope, covering alliandscapes, not just unusual
but also "usual" and disturbed landscapes.
Its commitments include:
legal recognition for landscapes as lebensraum for humans;
protection, conservation and development as the aims of landscape policy;
public participation; and
integration of landscapes in other policy areas, including urban and regional
planning.
As this list shows, here "landscape" is understood as going far beyond the cul-
tural history sense of the term. The Convention stresses that the integration of
nature protection and landscape conservation in other policy areas has to be taken
seriously.
The actual regulations contained in the Convention fall short of German stand-
ards of nature protection and landscape conservation. In its original version, the
EU Landscape Convention actually provided for a list of "landscapes of Euro-
pean significance" to be drawn up, including obligations for national govem-
ments to place them under special protection.
In the course of negotiations, Germany saw the Convention as an opportunity to
use the commitments it provided for to push ahead with the development of
A German nature protection instrument as a model for CEE countries 199
instruments for national legal regulations for the protection of nature and land-
scapes in CEE countries where such regulations were largely rnissing.
This view of the EU Landscape Convention, together with its broad territorial
scope, does in fact offer a starting point for the possible transfer of methods and
experience in the form of the instrument of landscape planning as a means to
implement the Convention itself. Indeed, how else could these countries meet the
comrnitments mentioned above without administrative instruments, no matter
how ineffective?
Alps Convention
Signed in 1992, the Alps Convention is a multinational agreement with the aim of
promoting the protection and development of the Alpine region. The Convention
has since been ratified by all eight Alpine countries and by the EU. Article 9 reg-
ulates interferences with or impairments of nature in the section headed "Nature
protection and landscape conservation". On the one hand, this regulation is mod-
elled on that in German nature protection law which provides for compensatory
measures to counter-balance such impairments, while on the other hand the pro-
cedure agreed upon by multinational consensus for protecting the Alps and deal-
ing with the consequences of impairments plays an important role.
Article 9 accords top priority to refraining from (all) avoidable impairments fol-
lowing the precautionary principle. Non-avoidable, considerable impairments
shall be counter-balanced by compensatory measures. Should this not be possi-
ble, then the various vested interests have to be weighed up and ranked in order,
whereby the protection of nature and landscapes shall be accorded high standing.
Even if the immediate protection requirements are satisfied, further measures for
the protection of nature and the conservation of landscapes must still be under-
taken. It only remains to hope that this example of multinational agreement in the
case of the Alpine region may prove helpful for other European countries.
Cost 341/ InfraEcoNetworkEurope, IENE

The aim of the IENE network within the EU programme COST 341 is to produce
a handbook for use throughout Europe documenting the fragmentation ofhabitats
by linear infrastructure developments, which would include possible counter-
measures. Basically, the idea is to draw up a catalogue of avoidance and rnitiga-
tion strategies which would be recommended to be followed throughout Europe
in the further development of the infrastructure. The handbook will include the
following:
methods and indicators for documenting fragmentation impacts;
analysis ofweaknesses in the assessment offragmentation impacts and priority
recommendations for effective counter-measures;
best practice examples for avoidance, rnitigation and compensation measures;
financial evaluation of impacts;
recommendations for including fragmentation impacts in strategic environ-

mental assessments and enivronmental impact analysis;
recommendations for practical implementation.
The IENE network is also designed with the interests of CEE countries in mind.
The multinational agreement procedure regarding measures to deal with the
impacts of impairments and the resulting handbook will facilitate the formation
of a Europe-wide consensus of opinion regarding strategies for infrastructure
development and, especially, for coping with the consequences.
CCMS pilot study on enviromental impacts

The Nato Committee on the Challenges of Modem Society has conducted a pilot
study on the investigation and evaluation of the negative environmental impacts
of particular publicly funded projects. Besides defining individual negative envi-
ronmental impacts, the study also contains practical advise concerning working
methods, e.g.
how to use soft techniques (e.g. argumentation methods, scenario techniques)
to predict environmental impacts;
the importance of an early start for each stage in an evaluation;
how to take account of the interaction between biotic and abiotic elements of
the environment;
guidelines for deciding on and implementing renaturation measures and com-
pensatory counter-measures.
As shown by the very fact that this study has been carried out, the need for con-
certed action at international level has indeed been acknowledged. It only
remains for deeds to foHow the words.
4. Established instruments for landscape planning

4.1 Landscape planning in Germany
The Federal Nature Conservation Act of 1976 gave landscape planning a firm
position in public strategies for nature protection and landscape conservation.
Much has happened since then, both in respect of working methods, scientific
knowledge and environmental awareness. These developments can be summa-
rized as a list of specific functions performed by landscape planning, whereby it
is assumed here that landscape planning is seen as interacting with other instru-
ments for nature protection as weH as with other specialized areas of regional
planning.
These functions are as follows:
information function - determining, describing and evaluating the current state
of health of the balance of nature and of the diversity, characteristics and
beauty of the respective landscape, including its value in terms of personal
experience;
precautionary / pre-testing function - effects of existing and foreseeable devel-

opments and uses are analysed and described;
development function - models and development concepts for the various
qualities of nature and landscapes are described, instruments for the adminis-
tration of nature protection and other measures necessary to safeguard the
long-term sustainability of our natural foundations from other specialized
regional planning and land use authorities are explained;
evaluation criteria function - providing environmental quality objectives and
hence criteria for the evaluation of environmental impacts;
coordination function - pooling the concerns of nature protection and land-
scape conservation which have to be prioritized in planning decision and
project licensing procedures;
communication function - landscape planning procedures (which vary from
Land to Land) involve the participation of competent authorities, local govern-
ments, associations and the public.
Two conclusions can be drawn from this list of functions. First, landscape planning
is an instrument which both transcends individual objects to be protected and
adopts a cross-section approach. Secondly, with the functions described above
fundamental requirements of European environmental policy can be formulated
in concrete terms and implemented in other sectors of public administration.
4.2 Landscape planning in Switzerland

The main difference between the German and the Swiss landscape planning mod-
els is that in Switzerland all the federal authorities, Le. all areas of public policy
and policy makers, are under obligation to take the objectives and target values
laid down in the landscape concept into account at all times.
General objectives in respect of nature and landscapes are defined for the follow-
ing:
1. Quality objectives for nature and landscapes
Nature values (e.g. natural landscapes, undisturbed spaces for the free
dynamic development of nature);
Culture values (e.g. cultivated landscapes, peaceful and varied compensa-
tory areas.
2. Sustainable use objectives
Good husbandry, value-adding uses (e.g. choosing use functions which cor-
respond with the natural conditions of the location, minimizing interfer-
ences, reducing landscape consumption through superimposed use func-
tions, conserving the non-renewable resources ofthe landscape);
Conservatory, value-adding uses (e.g preserving the characteristics and
quality of a particular natural area, preserving and creating transitions
between areas used for different purposes as near-natural habitats, preserv-
ing diversity ofuses).
Concrete target objectives have been defined for the following policy areas,
among others, at federallevel with the intention of implementing them:
federal buildings and facilities,
energy,
sport, leisure, tourism,
agriculture,
protection of nature, landscapes, heritage,
regional development,
regional policy,
transport,
water services, hydro-engineering.
Apart from the particular form and method adopted by landscape planning in
Switzerland, it is above all the binding character and seriousness of the intentions
of the Swiss landscape concept which stand out. This aspect must not be omitted
in further discussions on instruments for the protection of nature and the environ-
ment in the EU.
s. Selected examples
5.1 Coping with environmental impacts - an international
comparison
This was the title of a research and development project undertaken by the Ger-
man environment organization BiN and completed in the year 2002. Starting
with research throughout Europe and incorporating the findings of similar inves-
tigations in the USA, laws, regulations, guidelines and specialized concepts
which concurred in whole or at least in part with the basic principles of the Ger-
man interference regulation were collected and compared. The second stage
involved checking feasible measures by interviewing experts about their actual
implementation in the respective countries. The project ended with an interna-
tional workshop at which the results were presented and discussed with a panel of
German and international experts.
The first conclusion that could be drawn from the research project was that in
some cases the prescribed procedural steps are identical to the German system,
but in other cases some steps are missing. All regulatory approaches analysed
accord top priority to the avoidance of interferences. A variety of indicators are
used as a basis for quantifying reduction and compensation provisions, the most
common being pre-interference data on the biotope concerned.
To summarize, it appears that the German approach with its interference regula-
tion is gaining more and more respect at EU level, not only because of the clarity
of its provisions but also because of the decades of experience with its implemen-
tation. Some countries are planning to introduce similar legislation (if they have
not done so already), others are interested in adapting the regulatory methods of
the German system. Here lies the potential for German experience in this field to
be used as a model for the international transfer of methods within the EU. An
example to show this can work in practice is the German computation method for
compensatory measures laid down by the environmental impact assessment pre-
scribed by the FFH Directive.
5.2 Handbook for landscape planning in the CIS

As part of the German-Russian agreement on environmental protection, the Ger-
man BiN organization assisted in the production of a handbook for regional land-
scape planning in Russia. Using the Lake Baikai region as a model, the first sec-
tion of the book deals with the principles of lands cape planning and the Russian
development concept, while the second section contains recommendations of a
methodological nature. A new expanded edition contains examples of practical
application in addition to the sections already mentioned.
This handbook for landscape planning is attracting more and more attention
beyond the Lake Baikai region itself, due to the dynamic development ofboth the
legislation and the economy. Landscape masterplans provide an excellent basis
for information and evaluation data, and can thus contribute towards the devel-
opment of an environmentally compatible licensing procedure for projects in the
absence of any other practicable alternatives.
6.0utlook
Europe, and particularly the EU, is a highly dynamic zone marked by
anticipated developments in industry, agriculture and infrastructure in the
wake ofthe eastward expansion ofthe EU,
principles of regional development founded on economic policy, and by
considerable pressure in further Eastern European countries to push their eco-
nomic development, not always without serious negative impacts on ecosys-
tems and landscapes.
However, it is because of this great pressure to develop that the concerns of EU

nature and environmental protection policy, which in turn incorporate an impor-
tant pillar of the international ideal of sustainability (integration of economic
development, ecology and social development), ought to be implemented along-
side national policies.
Care must be taken to ensure that effective policy for the protection of nature and
the environment is drafted on a European scale using European networks for the
exchange of knowledge and experiences. Suitable instruments will have to be
found in order to further the process of harmonization in this EU policy area,
which is one of the declared aims of the European Commission. Therefore it

appears logical to make use ofboth the spatial control and the persuasive strategy
components of the German landscape planning instrument. The functions of
landscape masterplans as sources of information and of evaluation criteria can be
used to facilitate decision-making in issues involving the protection of nature and
the environment. The practical experience gained in Germany to date with this
instrument could be exported by way of method transfer for the benefit of other
EU member states and, in particular, of CEE countries. Obviously, the German
lessons would have to be adapted to the specific circumstances of each country.
Once again, it must be stressed here that there can be no question of simply trans-
ferring the German system of landscape planning in toto to other countries.
The chart below gives an overview of the international and European strategies,
conventions and regulations for the protection of nature and the environment and
the resulting issues to be addressed. Statements conceming the state of the envi-
ronment, the aims of and concepts and measures for its protection and control
mechanisms can all be formulated .much more easily on the basis of the concrete
information contained in landscape masterplans.
The offer to make the German system of landscape planning available for the
implementation of the agreements and strategies mentioned above and for regu-
lating the use of nature in a way which is compatible with its protection already
stands. The concepts of avoidance and compensation in connection with distur-
bances of the balance of nature, as formulated in the German compensatory reg-
ulation and also found in many other countries, should be pursued further on a
European scale.
The ideas discussed so far have to be linked to the various network approaches
and activities found at European leve1. Here infrastructure networks (Transeuro-
pean Network TEN / TINA) and regional development concepts (EUREK, Inter-
reg) are confronted by nature protection networks (Natura 2000 on the basis of
the Flora-Fauna-Habitat Directive). Whether and how these networks can be
combined in a constructive way, or whether the continuing economic develop-
ment of the EU and its expansion eastwards will cause major conflicts at the
expense of biological diversity - the answers to such questions will depend in
part on the expressive force and effectiveness of the instruments for the protec-
tion of nature and landscapes which are chosen to give structural form to the net-
works themselves.
In conclusion, we can state that ideas and practical experience as a basis for a set
of instruments for the protection of nature and landscapes on a European sc ale are
already available. Insofar as the policy-makers concerned are serious about their
determination to help steer economic development along a lastingly sustainable
and environmentally compatible course, then this set of instruments should be
developed further on the initiative of the EU. Naturally, the form of instruments
opted for will vary from one country to another, particularly in Eastern Europe.
Nonetheless, the implementation ofthe instruments chosen should be encouraged
A German nature protection instrument as a model for CEE countries 205
by means of pilot projects, presentations or the regular exchange of experience.

In this regard, Germany has a responsible role to play on account of its long years
of positive experience with regulatory instruments for the protection of nature.
Environmental Protection in the European Union
In Preparation
Strategie Environmental Assessment

ISBN 3-540-20562-4
Approx. 200 p.
hard cover
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Environmental Protection

in the European Union

With 14 Figures and 8 rabIes

Professor Dr. Lothar Knopp

ISBN 978-3-642-07308-3 ISBN 978-3-662-09714-4 (eBook)

Osnabruck, 14 August 2003

Secretary general of the German Federal Environment Foundation

From 21-22 February 2002, Brandenburg University of Technology, Cottbus

fan Boi: / Konrad Nowacki

Michael Schmidt / Harry Storch

Prof Dr. fan Boc

Prof Dr. Matthias Dombert

Prof Dr. Lothar Knopp

Mgr. Alicja Majgier

Dr. Carolin Schilde

Prof Dr. Michael Schmidt

Prof Dr. Jerzy Sommer

Dr. Harry Storch

Dr. Marek Zygadlo

EC Environmemtal Law and its Enforcement

Chaired by: Prof. Dr. Lothar Knopp

An EC regulation is defined as "having general application, binding in its entirety

Where environmental policy is concerned, regulations are otherwise important

16 Cf. Kloepfer, Umweltreeht, 9 margin note 17 with refs.

3. EC directives on environmental protection and their

3.2 Water law

22 Couneil Directive 97/L/EC of 03.03.1997 amending Directive 85/337/EEC on the obli-

29 DraftlawoftheFed. Govnt. fora 7th lawtoamend the WHGof07.09.2oo1, BR-Drs. 704/

3.3 Immission controllaw

31 Art. 13 para. 6, Art. 15 para. 1 WFD; cf. Fabender, NVwZ 2001,242.

EIA Amendment Directive 38 and the IPA Directive39 in national environmental

38 See note 22 above.

Another purpose of the "Artikelgesetz" is to modify the UVPG, made necessary

3.4 Waste law

48 Directive 91/156/EEC of 18.03.1991, OJ L 78, p. 32.

A topical example of punctual incorporation in German law appears to be the the

4. Summary and outlook

59 See note 25 above.

have to be taken of the inner cohesion and structural peculiarities of Member

2. The legal framework for the harmonization of Polish law

3 Cf. in detail RothIBehrend, Die Fortschrittsberichte der Europischen Kommission -

Of particular importance is the Environmental Protection Act. Transposed to the

6 Cf. in detail BundesumweltministeriumlUmweltbundesamt, ETUT e.Y., Umweltrecht in

4. Practical difficulties in applying the law in Poland

1. Provisions of the Polish Constitution relating to

Public authorities should not only undertake damage-preventing activities but

2. Main problems connected with the approximation

TransitionaI period in respect of EU standards

1. The concept of harmonization

states. The Memberstates are obliged to create, eventually the administrative

It can be said that the strengthening of administration structures may be under-

alisation processes. As to present difficulties and discussions they are rooted in

2. Legal basis for harmonization process

As the situation was changed thanks to the victory of A. Kwaniewski in Presiden-

4. The results of harmonisation process

As now Poland prepared 271 Parliamentary acts aiming at harmonization with

5. Legal problems connected with the harmonization

Locallaws mentioned in Art. 94 of the Constitution may be issued on the basis of

(verdict of22. 04. 1987, K 1/87 Orzecznictwo Trybunalu Konstytucyjnego, Zbior

6. Character and Structure of Environmental Law

tural resources (protection of farmland, forests and soils), game animals,

recht, Risikoversorge, Grenzwerte, Haftung, Heidelberg 1988, p. 14), on the

4. Structure of the Project: