State adjustment of the environmental safety: foreign experience

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UDC351

State adjustment of the environmental safety: foreign experience

Denys Fedorkin *

Annotation

european environmental safety

Анотація

У статті проведено аналіз досвіду європейських країн щодо державного регулювання екологічної безпеки на рівні регіону. Розглянуто регулювання екологічної безпеки на рівні регіону. Вивчено та максимально враховано позитивний зарубіжний досвід у цій сфері та розробка заходів з адаптації державного регулювання екологічної безпеки в Україні до стандартів Європейського Союзу.

Аннотация

В статье проведен анализ опыта европейских стран относительно государственного регулирования экологической безопасности на уровне региона. Рассмотрено регулирование экологической безопасности на уровне региона. Изучены и максимально учтены позитивный зарубежный опыт в этой сфере и разработка мероприятий по адаптации государственного регулирования экологической безопасности в Украине к стандартам Европейского Союза.

Ключевые слова: опыт европейских стран, государственное регулирование, экологическая безопасность.

Urgency of the research. The state adjustment of the environmental safety at the regional level is one of the most actual tasks. The environmental safety depends greatly on the environmental safety of its regions. Unfortunately, during the last years due to the difficult economic and ecological situation the level of the environmental safety adjustment does not remain sufficient.

Problem statement. The revealing of the peculiarities of the state adjustment of environmental safety, the development of suggestions towards such adjustment improvement will encourage the improvement of the management bodies' activity and the formation of measures complex aimed at the assurance of the stable social ecological development and ecological situation improvement. In this context the state adjustment of environmental safety at the regional level, as the means of social and natural structures balance maintenance is an important condition of the strategy of regional stability formation in the system of Ukraine's national security nowadays and its reasonable direction into future [1].

In the countries of European commonwealth environmental adjustment combines balanced administrative control and financial economic levers, which allow adjusting the issue of environment defense and environmental safety assurance effectively. In June 1993 in terms of EU the main principles and strategies of environmental audit were adopted, which came into effect in April, 1995. The priorities in the struggle with the atmosphere pollution have also changed. The main programs are not aimed at the implementation of the clarifying equipment, but at the creation of the ecologically pure technologies. Over 200 of clear mechanisms of environmental legislation function in these countries. About 150 types of environmental taxes are applied, the structure and tariff schedule of which are confirmed by the national parliaments [2, с. 395]. Moreover these mechanisms have their speci ic features, which are determined by peculiarities of their environmental problems as well as by the formation of political, economic, social environment and national management speci icity.

Recent study analysis. Numerous theoretic investigations and generalizations of Ukrainian and foreign scientists point at the topicality of the problem of the state adjustment of environmental safety. Among them there are works of such scientists as B. Danilishyn, R. Ivanuch, R. Kromer, T. Motrenko, E. Voronin, O. Zarzhytsky. A great meaning have the works of such researchers as O. Marynych and V. Pashchenko, L. Rudenko with co-authors, Ya. Adamenko, I. Kovalchuk, I. Voloshyn, L. Malysheva and others for Ukraine and for Carpathian region in particular. At the same time the experience of European countries according to the issue of evaluation and priority directions of the state adjustment of environmental safety at the regional level has been investigated insufficiently.

The parts of the problem, which have not been solved earlier. European countries approach towards the solution of the environmental safety assurance problems takes place locally, where economic and social life are concentrated.

The aim of the article is to analyze European countries experience towards the state adjustment of environmental safety at the regional level and to de ine directions, which are actual for the environmental legislation improvement in Ukraine

The main material statement. Social and demographic problems of population are solved at the regional and district level, the state policy of development of all branches of social and other issues is realized. The importance of the regional factor in the realization of economic and social state's policy, encouragement of the role and responsibility of the authority in the assurance of the region's conditions functioning is widely considered [3].

The regional environmental organization - European environmental agency (EEA) functions for the solution of the issues of environmental safety in the integrated European environmental space. It is the EU agency for the assurance of the independent information about the environment condition. Besides, such name as European environmental protection agency is used. The agency conducts valid expert review according to the evaluation of the environmental danger level, encourages the development of environmental legislation and prevention of the climate change, prevention of the losses of biological diversity and understanding of its rangy change, the protection of human health and life quality, use and management of natural resources and waste products, creation of conditions for realization of programs in the sphere of environmental safety adjustment. European commonwealth has a wide competence in the sphere of environmental safety adjustment. The competence of EU in the sphere of environmental safety adjustment is the same as of other countries-members of the EEA. The EEA is made up of 32 countries-members (27 EU countries together with Island, Lichtenstein, Norway, Switzerland and Turkey) and six countries, which cooperate with EEA (Albany, Bosnia and Herzegovina, ex-republic of Yugoslavia Macedonia, Serbia and Montenegro).

European environmental information and inspective network (Eionet) - is a network of collaboration of EEA and the partner countries. EEA is responsible for the network development and its actions coordination. In this context EEA collaborates tightly with the national focal groups. They are usually national environmental agencies or ministries of nature protection. They are responsible for coordination of the national networks, which include a lot of institutions (about 300 at all) [8].

Nowadays the peculiarities of the European commonwealth functioning in the sphere of environmental safety adjustment are as follows:

- Common environmental competence of the EU with the countries-members of the EEA; inextricable connection of the EU activity in the sphere of environmental safety adjustment with other ways of integration with EEA;

- «dualism» of commas, for the achievement of aims of support of the inner market functioning the countries-members are given large powers in the sphere of environmental safety with the foundation agreement.

The main ways of the legal adjustment in EU in the sphere of safety include: environmental standardization, evaluation of the in luence on the environment; collection and processing of the environmental information, environment monitoring; environmental certi ication; environmental management and environmental audit; development of inancing mechanism; protection of environmental rights.

Additional mechanisms of ecological rights protection at the level of EU are stimulated by the Sixth program of actions of the Commonwealth in the sphere of environment, which was approved in 2002. The establishment of EU legislation on the environmental responsibility is among its priorities.

The consolidation into nature-oriented organizations or groups became the most widespread form of society participation in the administrative legal adjustment in the sphere of EU environmental safety. The greatest activity of the society is specific for Great Britain, Germany, the Netherlands and Denmark, the lowest activity is specific for Ireland and Greece.

One of the most important aspects of individual's environmental rights protection is the possibility to go to court, which is quite different in some EU countries:

- possibility to go to court according to the protection of the environmental rights of any person (Holland, Ireland);

- possibility to go to court according to the protection of the environmental rights of any interested person (France, Great Britain, Spain, Sweden, Finland);

- possibility to go to court according to the protection of the environmental rights only due to the abuse of prosecutor's rights (Germany);

- possibility to go to court according to the protection of the environmental rights given to certain organizations (Italy, Greece).

Nowadays EU improves the legal basis in the sphere of environmental safety adjustment. In such a way the acts according to the environment monitoring, environmental certification, conduction of evaluation of influence on the environment, mechanism of environmental measures financing were renewed. At the same time the efforts of codification of numerous norms in the sphere of environmental standardization are used.

Germany is supposed to be the leader among the EU countries according to the adjustment in the sphere of environmental safety. In this country the adjustment is concentrated at the level of federal lands and local authorities. The adjustment at the level of lands is organized in different ways, which is connected with the lands size and structure. But in fact, the diversity is in the name, but not in the functions. All the lands have at their disposal their own Ministry of Environment at the level of governments as the highest body in the organization hierarchy.

Nowadays the normative framework of the state adjustment in Germany contains numerous regulatory acts and legal conditions. The Federal Law «On nature protection and landscape planning», laws «On emissions», «On genetic technique», «On including of economic development of the environment protection issues into plans» are among them. During the last years the main accents in the policy of the state adjustment of environmental safety were made towards the gradual refusal from the nuclear energy use, the reduce of the carbon dioxide blow out, the development of production with complete cycle.

One of the main measures in the sphere of environmental safety adjustment is an administrative responsibility. So, for example, according to the legislation, the producer or the owner is responsible for the blow outs. In practice it concerns the achievement of the aims of EU environmental policy, the participants of which collect from consumers and recycle used package materials and the inancing takes place at the expense of the processing companies. Special rules are spread on the blow outs, which need great expenses during their recycling (for example old cars, refrigerators and TV sets).

In other countries of the European Union more liberal legal adjustment of the environmental safety has been established comparing with Germany. In such a way, the legislation in the sphere of the legal adjustment of environmental safety of Great Britain consists of a great number of laws and secondary legislation, which are dedicated to the adjustment of some types of manmade influence on the natural environment. There is a system of the state bodies towards environmental safety adjustment headed by the Ministry of the environment, which conducts mostly coordinating function. Since 1970 the Commission on the environmental safety management started functioning. It has the status of an independent nongovernmental organization and it has to observe the efficiency of the nature-oriented activity and environmental safety. The introduction of the system of payment for water use and industrial waste water throw off, taxation for the material use (tax for the fossil fuels) allowed Great Britain to reduce state inancial expenses greatly and transfer money to the programs of environmental safety adjustment.

A lot of laws and secondary legislation function in France in the sphere of environmental safety adjustment. The main of them are the laws «On environmental protection», adopted in 1976, «On waste products» (1975) and «On registered houses» (1976). The criminal code of France of 1994 contains the concept of environmental terrorism. France was one of the first countries, which applied the system of payments for outflows and blow-outs.

A great part of work, connected with the environmental safety guarantee, fulfills gendarmerie. Since 1992 there is a special department of the national gendarmerie officership for actions coordination in the sphere of the environmental safety. The memorandum on nature and environment is widespread among all subdivisions of gendarmerie. However, indistinct legal status of police and gendarmerie activity towards environmental safety guarantee, insuf icient material equipment restrain the activity of these structures.

The efficiency of Switzerland's environmental policy, where Confederation and cantons are responsible for adjustment in the sphere of environmental safety, is caused by the developed legislative basis, its distinct ful illment with the involvement of law enforcement bodies and signi icant inancial expenses. The legal basis in the sphere of environmental safety adjustment in Switzerland is a Federal law «On nature and landscape protection» of 1966, which demands effective adjustment of environmental safety during the ful illment of environmental functions by the authorities.

A significant role in the solution of the environment protection problem and environmental safety guarantee in Belgium plays gendarmerie. Thanks to the approach to the information materials of other government organizations and the use of measurement facilities gendarmes reveal a lot of ecological offence during patrolling, stop organized criminal activity in the sphere of environment protection. At the same time environmental subdivisions function effectively in Belgium.

The Netherlands conduct an active environmental policy in the sphere of environmental safety adjustment from the beginning of the 60-s of the XX century. Later on «The Memorandum of priorities towards the environment» and «The plans of national policy in the sphere of environment» were adopted. The country has the opportunity of coexistence of economic growth and environment quality improvement. The realization of administrative legal adjustment of ecological safety is conducted at the central and municipal levels. The Ministry of dwelling and environment planning conducts the general coordination of environmental issues. It is responsible for the development and fulfillment of plans of national policy in the sphere of environment, environmental safety management and annual National environmental programs.

Once in two years the government in Norway reports to the parliament according to environment condition in the country and according to conducted environmental policy in the sphere of environmental safety adjustment. The municipal authorities have the special role in the realization of environmental policy. The legislation in the sphere of environmental safety adjustment is aimed directly at the source of throwing off and the volume is regulated with the allowance for throwing off. Actually, industry is responsible in Norway for regulatory compliance towards environmental safety guarantee. The system of the state control is based on the supervision and consistent audit. The Norwegian governmental environmental fund functions extensively and it supports environmentally friendly technologies. The safety issue, technical decisions in the sphere of environment during oil exploration and production are coordinated by the Oil board of directors. The licenses delivery is applied in practice through the tender rounds. The national organization of investigation and economic and environmental criminality breakdown functions in Norway since 1988.

One of the most remarkable examples of environmental safety state adjustment implementation at the state and regional levels in Europe became the program of Rhein protection. Due to the high population and enterprises density the quality of water in Rhein and the environmental situation in the whole became worse since 1930-s. It was even more complicated because of the numerous accidents at the chemical enterprises, situated in the coastal areas. That's why in 1950 the International Rhein protection commission was created according to the initiative of Germany and Holland. The representatives of all near-border states became its members. Its resolutions were aimed mostly at the environmental safety assurance in the catchment-basin and industrial wastes throwing out breakdown into Rhein, they were taken home by the corresponding governments. In 1960-1970-s the enterprises started creating the systems of industrial water use of enclosed type and devices for industrial wastes puri ication. Mostly wasteless technologies are used herewith. One of them is fixed ash (the products of the industrial wastes purification) blast and their further utilization, for example, in the cement industry. Combustible gases, which are revealed during industrial wastes purification, serve for electricity production.

All this was immediately re flected on the water quality in Rhein. Up to 1985 salts of heavy metals almost stopped running into the river. And since 1990 such dangerous for all flesh things as chrome, nickel, copper, dioxins, dichlorvos and others also do not run into the water. Of course, the commission has to overcome serious dif iculties. They were mostly connected with the difference in water quality standards of several countries. For example, in Germany the demands towards water purity were stricter, than in France, from where less re ined water ran into Rhein. Nowadays, all these differences are almost removed. In order to conduct the continuous environmental control in the catchment-basin a network of environmental announcement was created, which was equipped up-to-date and was meant to control water quality thoroughly. In Germany the control is carried out not only in the Rhein catchment-basin, but also on the whole country's territory, which, according to the water legislation, is divided into the observation areas. This allows de ining the sources of water pollution, allocate and remove them already at the early stages. The water sources and their watershed areas control is carried out in the close connection with the water policy, which has exclusive rights of control of enterprises, which use the water out of natural sources.

From the point of view of shipping industry, Rhein is the busiest river in the world (over 40 millions of tons of weights per year). In the middle reach (the region of Strasburg) about 120 ships take course per day. In order to assure shipping industry all hydro schemes are equipped with shipping locks, which are able to transmit up to 4 barges of the general weight 8,8 thousand tons at the same time (sluicing does not take more than 20 minutes). In 1987 the commission adopted the program of the further improvement of the river condition. Its main aim is a gradual renewal of sloughs as well as of lora and fauna in the diversity, which existed there before the lood banks construction. Due to this new ish passing facilities were built and the old ones were renewed along the whole river length. The biggest ladder-type ish-ways were constructed on two hydro power stations of the Rhein cascade. The results were achieved quickly - salmon returned into the river by 1995, but not by 2000, as the ichthyologists predicted.

One of the negative results of the Rhein's course regulation is the reduce of the bottomland area almost to 60% on the territory from Basel to Karlsruhe. Due to this the overflow situation downstream became more difficult. Especially intensely it can be felt in the junctions (the peaks of the loods on the Rhein and tributaries almost coincide by the time). That's why in high water years we may observe flooding of cities in the downstream (Cologne, Bonn, Coblenz and others). The Commission suggests renewing all the earlier dammed territory of the Rhein in the nearest decade to the limits it has till 1816, with an eventual reconstruction of all built earth dams. This idea receives great support among the specialists ( firstly of environmentalists). There are even social movements, which gather money for repurchase of the territory in the zone of the former bottomland, in order to return them to the Rhein's natural system after the renewal. Environmentally friendly and wasteless technology is used also during utilization of driftwood and waste products. During the flood they come in great quantity to the fence of water conduct turbines. There are automatic or semiautomatic clarifying devices installed on all hydro schemes before the fences of conduit intakes. They deliver the collected waste products and driftwood into the special container. The driftwood comes from them to the technological complexes, which recycle plant waste into compost, which is immediately packed and sold to population and enterprises, which are occupied with planting.

One more problem, which aroused after straightening of the Rhein's water course and hydro schemes cascade construction, is extensive seabed erosion in the river lower part (lower the latest hydro power station). In the result the bottom moves down and not only the level of the course itself but also the level of soil water descends, which leads towards loss of driftwood and biodiversity impoverishment. The problem was solved after long-lasting hydrologic investigations. Gravel sand mix is delivered in front of the area of wash away. It stays on the bottom and forms the course erosion pavement, which prevents erosion. This method has been used on Rhein already more than 20 years and it encourages preservation of plant and animal life in the bottom land. So, during the short period of time (15-20 years) the environmental condition of the river became significantly better. Nowadays harmful for the ecosystem substances are not thrown off into it. Closed cycles and wasteless technologies are used during the clarification of industrial and municipal runoffs. The ef iciency of these measures in terms of the concept of stable development proves the increasing wealth and diversity of the biota in the river, its bottom land and in the whole catchment-basin. Such kinds of ish as Rhein salmon, herring, trout, which are especially sensitive for the water purity and other noble kinds of fish returned to the river. Almost extinct juncaceous boar, spotted heron and other rare kinds of plants and animals took roots in the bottom lands [4].

Thanks to the efforts of Carpathian countries and, first of all, of a lot of international organizations including UNO, Global Environmental Foundation and Council of Europe a great achievement has been made according to the environment problems solution of the Carpathians during the last decade. Several international regional treaties, dedicated to the problems of state and development of the Carpathians, were held between some Carpathian countries. They encouraged complex international cooperation.

The legal preconditions and the basis for such cooperation were:

- The treaty between the bodies of the regional self-government of near-border districts of Ukraine, Poland, Hungary, Slovakia about the creation of the Association «Carpathian Euroregion»;

Bilateral treaties:

- Between the government of Ukraine and the government of Hungary on the collaboration in the sphere of environment protection (from August, 13, 1992);

- Between the government of Ukraine and the government of Poland on the collaboration in the sphere of environment protection (from January, 24,1994);

- Between the Ministry of environment protection of Ukraine and the Ministry of environment protection of Slovakia on collaboration in the sphere of environment protection (from September, 30, 1994);

- Trilateral treaty between the Ministries of Poland, Slovakia and Ukraine - The Treaty on preservation of forests biodiversity of the Eastern Carpathians and the Treaty between the governments of Poland, Slovakia and Ukraine on the international biosphere reservation «The Eastern Carpathians» (1992-2000) and others [7].

The Carpathian convention was adopted by a solid voice on May, 20, 2003 by Hungary, Poland, Romania, Serbia and Montenegro, Slovakia, Ukraine and Czech Republic. On May, 22, 2003 such countries as Hungary, Romania, Serbia, Montenegro, Slovakia, Ukraine and Czech Republic signed the Convention and the final act of the Conference of important representatives [5].

The frame convention tries to solve the problems of the Carpathian region in a complex way. Due to the demands of the international documents, which were mentioned above, and the necessity to solve the problems of nature oriented, social and economic character locally, the Carpathian convention is focused in its positions on the protection, preservation and stable use of natural resources and at the same time on economic development of regions and population. That is, the convention takes into account the priorities of the balanced development, which is de ined in the «Actions plan for the 21^st century» [6].

A great step ahead was the development of the new project towards biodiversity preservation and environmental risks reduce in the Carpathian region, which was founded by the Ukraine's Ministry of environmental protection with the support of the Global Environmental Foundation. The project's implementation will take place at different stages - from national to local, which will increase its efficiency greatly. The successful project's ful fillment will allow creating institutional and legislative basis for protection and stable use of the Carpathians. It will also encourage the implementation of principles of balanced development and management of bio resources among state and local authorities in the sphere of biodiversity preservation.

The ratification of the Carpathian convention by Ukraine is a consequential stage of implementation of the state adjustment of environmental safety at the state and regional level in Europe. It has an important meaning according to the partnership realization with the aim of the stable development of the mountainous regions, efficient solution of the urgent problems towards biodiversity preservation, water resources reasonable use and prevention of loods, which is common for certain territories and struggle with them in the mountainous regions and valleys, located nearby.

The conclusions and the perspectives of further investigations

The conducted research proves that the governments of Europe deal with the problems of environmental safety adjustment not only at the interstate level, but also at the state and regional levels. The conducted analysis allows making such conclusions:

1. The evolution of the state adjustment of environmental safety of the European Union formed clear approaches towards environmental problems, encouraged the formation of the EU as a powerful subject of the international environmental safety. In the approach of European countries towards the problems of environmental safety assurance we may ind understanding of the fact that the straightforward work according to their solution is ful illed locally, where economic and social life of society is concentrated.

2. In the countries of Europe there is the mechanism of connection between general competencies, which certain EU structures have in the sphere of environmental safety assurance and the duties of regional and local communities towards the solution of important and perspective tasks in practice. This mechanism is based, on the one hand, on the system of legal adjustment of interrelation between society and nature, which takes place both at the European and national levels. On the other hand, the expansion of environmental knowledge and the bringing of the importance of the issues of environmental safety assurance to the people's minds give the possibility to involve society to solve these issues. For this purpose corresponding institutional mechanisms were created, which allow local residents adjudicate their environmental interests and rights in the EU countries.

3. We consider that the mechanism of realization of the EU countries regulatory framework is reasonable, as it gives the opportunity to match the existing understanding of environmental situation, which is fixed in standards and their realization in practice, which is realized at the regional and local levels. It is especially important to emphasize on the practical meaning of such analysis for solution of the tasks of environmental safety assurance in Ukraine, where essential disagreements exist between acceptance of environmental safety standards and their realization, between nationwide standardization of environmental management and its realization at the local level.

4. During the fulfillments of the state adjustment of environmental safety at the regional level it is necessary to study and consider positive foreign experience in this sphere and develop measures towards adaptation of state adjustment of environmental safety in Ukraine up to the EU standards, to develop the mechanisms of environmental safety assurance in the countries, which succeeded in this direction. Among such countries there are Germany, France, Switzerland and so on. Each of these countries has certain priority directions in the solution of some issues with corresponding positive results for population and nature, which can be also borrowed in order to use in the state adjustment of the similar processes in Ukraine. The experience of the complex solution of environmental problems by the European countries is very interesting. These problems concerned purification of the river Rhein from the manmade pollution, with the further use for purification of the main water artery of our country - the Dnipro river and its tributaries.

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* Fedorkin Denys V. - applicant at the Kyiv Law University of the National Academy of Sciences of Ukraine.