The environment, resources and waste

Legal framework

Regulations and laws must take into account the specificities of cross-border areas (for example creating or improving the legal tools that make it possible to implement projects: agreements, common institutions based on national legal frameworks, resulting from bi- or multi-lateral treaties (LGCT, EGC, etc.), and European tools (EGTC).
Even if the development of a European standard, especially in the area of the environment, is in theory a factor that facilitates cross-border cooperation, the application of laws and regulations remains different on either side of the border, which makes it indispensable that there is coordination between governments and even harmonisation of legislation; hence the importance of putting in place coordination mechanisms for each border that involve the governments and regions as well as the local players.
Legislation in the area of environmental impact is quite developed but its implementation often remains theoretical and the transition to the real involvement of citizens remains a challenge (see, for example, the process of strategic environmental assessment of the European programmes under the cohesion policy in 2007-2013). In this respect, the cross-border consultation mechanism put in place by the Upper Rhine Conference (France-Germany-Switzerland) constitutes an interesting advance (example of the project entitled “Procedures for cross-border consultations of authorities and the public about projects that have a significant impact on the environment”). Cross-consultation (in application of the Espoo convention) on territorial development documents (e.g. territorial cohesion master plans) and the establishment of a Conurbation Charter are also opening up promising avenues for dialogue and cooperation in the France-Vaud-Geneva region (France-Switzerland).

Reference documents

  • Communication from the Commission (6 May 2013): Green Infrastructure (GI) - Enhancing Europe’s Natural Capital

  • The Water Framework Directive: Directive 2000/60/EC of the European Parliament and Council of 23 October 2000 establishing a framework for EU policy in the area of water.
    The Urban Waste Water Directive    : Directive 91/271/EC of the Council of 21 May 1991 on the treatment of urban waste water; the “Floods” Directive (Directive 2007/60/EC of the European Parliament and Council of 23 October 2007 on the assessment and management of flood risks); and the “Nitrates” Directive.
    These documents aim to protect water resources and the aquatic environment and oblige Member States to take measures to ensure the “good status of water bodies” (from an ecological, chemical and quantitative point of view).
  • The Waste Framework Directive: Directive 2006/12/EC of the European Parliament and Council of 5 April 2006 on waste.
    This document sets out the obligations and objectives that apply to Member States in the area of waste prevention and treatment.
  • The EU’s strategy on biodiversity: COM(2011) 244 final, the Commission’s Communication to the European Parliament, the Council, the European Social and Economic Committee and the Committee of the Regions – “Our life insurance, our natural capital: an EU biodiversity strategy to 2020”.
    It sets the objective of putting a stop to the loss of biodiversity and the deterioration of ecosystem services by 2020 and of restoring them as far as possible.
  • The “Birds” Directive: Directive 2009/147/EC of the European Parliament and Council of 30 November 2009 on the conservation of wild birds.
    The “Habitats” Directive    : Directive 92/43/EEC of the Council of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora.
    These documents together form the cornerstone of the EU’s environmental protection policy and lay down Member States’ obligations in this area
  • Thematic strategy for soil protection: COM(2006) 231.
    Proposal for a directive of the European Parliament and Council establishing a framework for the protection of soil    , COM(2006) 232 final, 22 September 2006.
    Their objective is to ensure the protection and rational use of soil resources.
  • The “Air Quality” Directive: Directive 2008/50/EC of the European Parliament and Council of 21 May 2008.
    It aims to improve ambient air quality and to provide clean air.
  • The Marine Strategy Framework Directive: Directive 2008/56/EC of the European Parliament and Council of 17 June 2008 establishing a framework for Community action in the field of marine environmental policy, OJ L 164 of 25.6.2008.
    This will constitute the “environmental” pillar of the EU’s marine policy.