University:
University College London
Course:
LAWS0025 | Environmental Law
Academic year:

2024
Views:

297

Pages:

5
Author:

Nam B.

The Role of EU Agencies Presented by: Prof. Vos Date: 18 March 2024 Overview - EU agencies & environmental protection - EU agencies & European Green Deal - • European Environmental Agency • European Scientific Advisory Board on Climate • Change Conclusion EU Agencies & Environmental Protection - EEA - EASA - EFCA - EFSA (EUROPEAN FOOD SAFETY AUTHORITY) - EMSA (European Maritime Safety Agency) - ECHA (EUROPEAN CHEMICALS AGENCY) - EUROPEAN MEDICINES AGENCY SCIENCE MEDICINES HEALTH Environmental Tasks - Information gathering - Inspection and certification - Environmental risk assessments Information Tasks - (EEA) European Environmental Agency - • Provide EU and MS with the objective information • Record, collate and assess data on the state of the environment • Report • Assist monitoring • Disseminate EIONET (European Environment Information and Observation Network) • Composed by national authorities • Collection, processing and analysis of data on the state of the environment Inspection And Certification Tasks - - - European Aviation Safety Agency • European Aviation Environmental Report • Airworthiness and Environmental Certificate European Maritime Safety Agency • Data on marine pollution • Inspections European Fisheries Control Agency • Control and inspections EU Agencies & the EGD - Continuity in the implementation of EU environmental policy - Specific additional tasks in the 'Fit for 55' Package • - E.g. monitoring and reporting tasks for EASA in ReFuelEU Aviation Regulation Specific consideration of EGD objectives in the Agencies' strategies & working plans • EFSA's Strategy 2027  Farm to Fork objectives  <<> >> integrated risk assessment EEA & the EGD - European Environmental Agency (EEA) • Provide EU and MS with the objective information - • Record, collate and assess data on the state of the environment • Report • Assist monitoring • Disseminate After the European Green Deal • Under the European Climate Law:  Assist the Commission in assessment of Union progress & national measures • Under the Governance Regulation:  Assist the Commission with assessment, monitoring and reporting - Enhanced role for EEA, but same powers - What does EEA not do? - • No autonomous assessment • No specific advice • No scientific data or findings • No decision-making nor enforcement European Advisory Board on Climate Change European Advisory Board on Climate Change - TASKS • Consider the latest scientific findings of IPCC • Provide scientific advice and issue reports on existing and proposed Union measures, • Contribute to the exchange of independent scientific knowledge • Identify actions and opportunities needed to successfully achieve the Union climate targets; • Raise awareness on climate change and its impacts, as well as stimulating dialogue and cooperation between scientific bodies within the Union. - A NEW BODY 'HOSTED' BY EEA • The Advisory Board shall complement the work of EEA • Secretariat hosted by EEA • 15 senior scientific experts • Designated by EEA Management Board  Open, fair and transparent selection procedure  Mandate of 4 years • Annual work program adopted independently, but in consultation with EEA Management Board • - Budget included in EEA's AN INDEPENDENT BODY • Fully independent  From Member States  From EU institutions  From the EEA (but institutional, budgetary ties...) • "The independence of the members of the Advisory Board shall be beyond doubt"  Conflict of Interest? o Declaration of interests in the Rules of Procedure o Monitoring and enforcement?  Accountability? - A NEW, STRANGE BEAST • Not a fully-fledged agency, not a scientific advice committee • Defined as at the same time:  A scientific advisor  A EU watchdog of decarbonization policies  A reviewer and scientific disseminator  A proactive driver and shadow policy-maker • Last advice -> European Commission's Recommendation for 2040 emissions reduction target • An escape from the 'agency model'? What's next? - European Citizens' Initiative: • Decision-making powers vis-à-vis MS and natural and legal persons  E.g. Power to impose fines on companies • What's next? • But: constitutional limits to EU agencies' powers! Conclusion & Open Questions - EU agencies as essential element for environmental governance - 'One, No One and One Hundred Thousand' Environmental Agencies? - • Fragmentation • Respective attributions and relationship Effectiveness Strengthening EEA, merging of EEA and Advisory Board, or a new agency?