The role of Brussels in waste legislation throughout the EU IRRC Berlin, 10.09.2012 Presented by Mr. Patrick Clerens Secretary General
Index 1. Introduction ESWET 2. Overview of the European Union Evolution & Treaties 3. Legal importance Hierarchy & Instruments 4. Main EU institutions The European Commission The European Parliament The Council of the European Union 5. Renewable Energy Directive 2
ESWET 3
Index 1. Introduction ESWET 2. Overview of the European Union Evolution & Treaties 3. Legal importance Hierarchy & Instruments 4. Main EU institutions The European Commission The European Parliament The Council of the European Union 5. Renewable Energy Directive 4
Evolution EU 1952: Treaty of Paris: European Coal and Steel Community 5
Evolution EU 6
Evolution EU 1958: Treaties of Rome: European Economic Community & Euratom 7
Evolution EU 27 Member States Candidates: - Croatia, 1 st July 2013 - Iceland (2013-14?) - Turkey (2021?) - FYROM and Montenegro (?) - Serbia (?) EU 27: 23 languages 500 million Customers 20% of World GDP output GDP Growth 2011 between -6.9% and 7.6% 8
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Index 1. Introduction ESWET 2. Overview of the European Union Evolution & Treaties 3. Legal importance Hierarchy & Instruments 4. Main EU institutions The European Commission The European Parliament The Council of the European Union 5. Renewable Energy Directive 10
Legal hierarchy TREATY ON EUROPEAN UNION INTERNATIONAL AGREEMENTS LEGISLATION ADOPTED BY COUNCIL/PARLIAMENT LEGISLATION ADOPTED BY THE COMMISSION EUROPEAN COURT OF JUSTICE Judicial control PRIMACY OF EU LAW Interpretation MEMBER STATES Transposition into national law Enforcement INDIVIDUALS NATIONAL COURTS 11
Legal instruments Communications, Recommendations, Opinions, Resolutions: not binding, but sometimes soft law GREEN PAPERS: Discussion documents WHITE PAPERS: Policy proposals DECISIONS: Directly applicable to one or a group of individuals REGULATIONS: General scope. Directly applicable DIRECTIVES: Set objectives. Addressed to Member States. Require transposition into national law 12
Index 1. Introduction ESWET 2. Overview of the European Union Evolution & Treaties 3. Legal importance Hierarchy & Instruments 4. Main EU institutions The European Commission The European Parliament The Council of the European Union 5. Renewable Energy Directive 13
Main EU Institutions European Council (Heads of State and Government) European Commission European Parliament Council of the EU Economic and Social Committee (EESC) Committee of the Regions (CoR) European Court of Justice (ECJ) European Investment Bank (EIB) European Central Bank (ECB) Court of Auditors 14
1. European Commission Represents Community interest 27 Commissioners appointed by the Member States for 5 years Covers a wide range of topics, managed by different Directorates-General Exclusive right of legislative initiative Protector of the Treaty also a political driver 15
2. European Parliament Members of the European Parliament Germ any 99 Aust ria 19 France 74 Bulgaria 18 United Kingdom 73 Slovakia 13 I t aly 73 Denm ark 13 Spa in 54 Fin la nd 13 Poland 51 I reland 12 Rom ania 33 Lithuania 12 N etherlands 26 Latvia 9 Greece 22 Slovenia 8 Czech Republic 21 Est onia 6 Belg ium 22 Cyprus 6 Hungary 22 Luxem bourg 6 Port ugal 22 Malta 6 Sw eden 20 16
2. European Parliament Tasks and Powers Debates and passes European laws, co-legislator with the Council Proposal Commission -> reviewed & amended by Committee (Rapporteur) -> plenary Scrutinises other EU institutions, particularly the Commission, to make sure they work democratically Debates and adopts the EU budget, with the Council 17
3. Council of the European Union 6-month rotating Presidency now Cyprus, then Ireland, Lithuania and Greece 10 different configurations according to the issue Sole legislator or co-legislator Voting is usually by qualified majority (QMV) 18
3. Council of the European Union 29 Germany, France, Italy and the United Kingdom 27 Spain and Poland 14 Romania 13 Netherlands 12 Belgium, Czech Republic, Greece, Hungary and Portugal 10 Austria, Bulgaria and Sweden Qualified Majority Vote: 73.9% of Council votes (=255) 62% of EU Population 7 Denmark, Ireland, Lithuania, Slovakia and Finland 4 Cyprus, Estonia, Latvia, Luxembourg and Slovenia 3 Malta 345 for the whole EU Council voting arrangements will apply until 31 October 2014. 19
Index 1. Introduction ESWET 2. Overview of the European Union Evolution & Treaties 3. Legal importance Hierarchy & Instruments 4. Main EU institutions The European Commission The European Parliament The Council of the European Union 5. Renewable Energy Directive 20
Renewable Energy Directive Determines what is accepted as renewable energy source Commission Proposal: Article 2 point b "biomass" means the biodegradable fraction of industrial and municipal waste; Parliament: ITRE Committee Rapporteur Turmes (Greens) added 2 words: the separated collected biodegradable fraction to exclude incineration biomass 21
Renewable Energy Directive Would remove all support given to renewable part of WtE ESWET lobbied successfully against this outcome in ENVI Committee, but ITRE Committee kept amendment Lobby success on Council level = two words removed in the compromise Council- Parliament-Commission 22
Conclusion The role of Brussels? EU legislation > national legislation Institutions need expertise Importance of interest representation 23
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