Following Old Paths or Shaping New Ones in Natura 2000 Implementation? Mapping Path Dependency in Instrument Choice

This article reviews the influence of two specific European Union (EU) laws, the Birds and Habitats Directives, on the choice of national policy instruments by Member States. Both Directives leave the choice for policy instruments to manage the sites designated under the Directives to the Member States. Using path dependency as a leading concept, this article analyses the continuity or changes in policy instruments due to the implementation of the Directives in 15 countries. This article shows that the tendency to use existing instruments to implement EU policy is limited, as in almost all countries new instruments were developed. Yet, states do tend to choose instruments from their predominant policy instrument mix and preferred implementation style to address the management requirements of the Directives. Additionally, in Central and Eastern European countries where the implementation of EU policy coincided with a process of transition to a market economy, new instruments were introduced outside the existing implementation style. The introduction of new policy instruments is the result of historical turns, domestic pressure and a shift to new modes of governance. National case studies are needed to shed more light on the interaction between EU policy and domestic factors during the process of instrument choice.     

Explaining implementation deficits through multi-level governance in the EU's new member states: EU limits for arsenic in drinking water in Hungary

This paper uses a multi-level governance lens to explore a case of non-compliance with EU legislation in Hungary and expands historical institutionalist explanations of EU laggards. Despite adopting the European Union's (EU's) limit of 10 ppb arsenic in drinking water, parts of Hungary do not comply. To explain this deficit, the paper examines the match between discourse incorporated into policy and held by policy actors in Hungary. Multiple points of mismatch are found that influence implementation because of governance structures, adding specificity to explanations of ‘goodness of fit’ between EU and national policy.     

Marine Conservation and Accession: The Future for the Croatian Adriatic

The European Union (EU) is the world’s largest trading bloc and the most influential supra-national organisation in the region. The EU has been the goal for many eastern European States, for Croatia accession remains a priority and underpins many of its national policies. However, entry into the EU requires certain commitments and concessions. In October 2003 the Croatian parliament declared an ecological and fisheries protection zone in the Adriatic. Under pressure the zone was suspended, finally entering into force in March 2008 exempting EU States. There are other marine conflicts between Croatia and the EU, particularly the contested maritime border with Slovenia, and the development of the Croatian fishing fleet in opposition to the Common Fisheries Policy. Conversely, attempts to harmonise Croatian Nature Protection with the EU Habitats Directive, facilitated by pre-accession funding, has galvanised conservation policy. Since 2005 two marine protected areas have been declared, significantly increasing the marine ecosystem under protection. Finally, the development of the Marine Strategy Framework Directive is the latest EU attempt to integrate environmental policy in the maritime realm. This will have an effect not only on member States but neighbouring countries. For marine nature protection to be effective in the region the Adriatic Sea needs to be viewed as a mutually important shared and limited resource not a bargaining chip. Negotiations of the EU and Croatia have been watched closely by the other Balkan States and precedents set in this case have the potential to affect EU expansion to the East.     

Evaluating factors influencing groundwater vulnerability to nitrate pollution: developing the potential of GIS

The 1991 EU Nitrate Directive was designed to reduce water pollution from agriculturally derived nitrates. England and Wales implemented this Directive by controlling agricultural activities within their most vulnerable areas termed Nitrate Vulnerable Zones. These were designated by identifying drinking water catchments (surface and groundwater), at risk from nitrate pollution. However, this method contravened the Nitrate Directive because it only protected drinking water and not all waters. In this paper, a GIS was used to identify all areas of groundwater vulnerable to nitrate pollution. This was achieved by constructing a model containing data on four characteristics: the quality of the water leaving the root zone of a piece of land; soil information; presence of low permeability superficial (drift) material; and aquifer properties. These were combined in a GIS and the various combinations converted into a measure of vulnerability using expert knowledge. Several model variants were produced using different estimates of the quality of the water leaving the root zone and contrasting methods of weighting the input data. When the final models were assessed all produced similar spatial patterns and, when verified by comparison with trend data derived from monitored nitrate concentrations, all the models were statistically significant predictors of groundwater nitrate concentrations. The best predictive model contained a model of nitrate leaching but no land use information, implying that changes in land use will not affect designations based upon this model. The relationship between nitrate levels and borehole intake depths was investigated since there was concern that the observed contrasts in nitrate levels between vulnerability categories might be reflecting differences in borehole intake depths and not actual vulnerability. However, this was not found to be statistically important. Our preferred model provides the basis for developing a new set of groundwater Nitrate Vulnerable Zones that should help England and Wales to comply with the EU Nitrate Directive.     

Cause,catalyst or conjunction? The influence of the Habitats Directive on policy instrument choice in Member States

In the process of implementing EU policy, Member States sometimes introduce new policy instruments in cases where this is not obligatory. To better understand this phenomenon, this paper reviews three cases in which new instruments emerged and develops a methodology to trace back the influence of EU Directives on instrument choice. The method is illustrated by a narrative of the emergence of new management planning instruments during the implementation of the EU Habitats Directive in three EU Member States: Finland, Hungary and the Netherlands. Three key features of a policy instrument are defined, namely, its authoritative force, action content and governance design. These are used to measure the contribution of the Habitats Directive compared to other potential explanatory causes for the emergence of the new policy instrument. In all three reviewed countries a nested causal relationship between the Habitats Directive and the introduction of the new policy instrument is identified. Based on the relative contribution of the Habitats Directive to the emergence of the new instrument a distinction is made whether the Directive acted as a cause, catalyst or if conjunction occurred.     

Local authorities and climate protection in the European union: Putting subsidiarity into practice?

Although intrinsically a global environmental concern, the climate change issue has a number of implications for local authorities. Within the European Union (EU), the remit of local authorities in—-for abatement policies—the crucial areas of energy and transport policy varies considerably, as does their commitment to environmental action more generally. This paper examines the role of local authorities in climate protection within a framework of global, EU and national action, through examples of local strategies from Germany, Italy, Spain, Sweden and the UK. The paper finds positive instances of action in all countries, but points to unsympathetic policy frameworks both at national and EU level, such as budget constraints imposed on local authorities, the pursuit of low energy prices combined with a resistance to impose carbon taxes, a lack of energy efficiency standards and insufficient support for public transport.     

Local authorities and climate protection in the European union: Putting subsidiarity into practice?

Abstract

Although intrinsically a global environmental concern, the climate change issue has a number of implications for local authorities. Within the European Union (EU), the remit of local authorities in—‐for abatement policies—the crucial areas of energy and transport policy varies considerably, as does their commitment to environmental action more generally. This paper examines the role of local authorities in climate protection within a framework of global, EU and national action, through examples of local strategies from Germany, Italy, Spain, Sweden and the UK. The paper finds positive instances of action in all countries, but points to unsympathetic policy frameworks both at national and EU level, such as budget constraints imposed on local authorities, the pursuit of low energy prices combined with a resistance to impose carbon taxes, a lack of energy efficiency standards and insufficient support for public transport.     

Environmental policy expansion in the EU: the intriguing case of bioinvasion regulation

ABSTRACT

While bioinvasion was an issue of low political salience in Europe, a new regulation addressing it was adopted in 2014 with strong support. This article analyzes the making of the regulation as an intriguing case of policy expansion amid economic crisis. Based on theoretical literature on drivers of EU policy integration and policy dismantling, alternative plausible explanations are explored. Our main finding is that development of economic policy consensus among member states on trade-environment nexus was crucial for progress towards regulatory action. Policy consensus has been driven by a confluence of three domestic factors: trade liberalization, market disintegration, and changing ideas about the desirability of EU-level law, with the European Commission as policy entrepreneur. Low political salience has also had an important effect. It has increased the influence of transnational conservation alliances, which have played a significant catalytic role in building consensus by shifting consciousness to economic reward of policy action vs inaction, and bringing international models for legislative reform to the EU jurisdiction.     

The transatlantic rift in genetically modified food policy

The regulatory structures underlying United States and European Union policies regarding genetically modified (GM) food and crops are fundamentally different. The US regulates GM foods and crops as end products, applying roughly the same regulatory framework that it does to non GM foods or crops. The EU, on the other hand, regulates products of agricultural biotechnology as the result of a specific production process. Accordingly, it has developed a network of rules that regulate GM foods and crops specifically. As a result, US regulation of GM foods and crops is relatively permissive, whereas EU regulation is relatively restrictive. Why are genetically modified food policies in the United States and the European Union so strikingly different? In the light of the recent World Trade Organization dispute on agricultural biotechnology, it may seem that economic interests are the driving force behind policies. While they are certainly part of the picture, the issue is far more complex. This paper argues that three different elements help explain differences between US and EU GM food policies. First, an investigation of US and European policies of the 1970s and 1980s on recombinant DNA research and of events leading up to early GM food and crop regulation allows a deeper understanding of current policy. Second, scrutinizing underlying values and norms can uncover the beliefs that condition current GM food and crop policy. Third, an analysis of involved actors’ views and levels of success in influencing policy is essential to understanding US and EU policies.     

Environmental policy implementation during the economic crisis: an analysis of European member state ‘leader-laggard’ dynamics

ABSTRACT

The long-standing debate on environmental policy ‘leaders’ and ‘laggards’ lends itself to a new analysis following with the advent of the 2008 economic crisis. This paper, therefore, asks the question to what extent do European Union (EU) member states have the capacity and willingness to implement EU environmental policy amid austerity, budget cuts, and rising costs over the period 2008–2014. Building upon previous studies, 26 interviews with European, Greek and United Kingdom participants and records of environmental infringements, the paper provides a contemporary picture of the environmental policy ‘leader-laggard’ dynamic in Europe. The findings demonstrate that the impact of the economic crisis seems contestable and varies amongst member states, while the reduction in environmental infringements appears to have a link with the decrease in economic activity. Although environmental policy ‘leaders’ maintain patterns of strong implementation, the improved implementation performance of some ‘laggards’ reflects a shift in their implementation patterns amid a period of intense political and economic controversies.     

Minerals policy in Europe: Some recent developments

The importance of a secured supply of raw materials for the European economy is evident. However, securing the supply of raw materials based on an appropriate EU minerals policy has been scarcely treated by the decision-makers in the last decades. Solely the impact of price development of international commodity markets in the last years induces a re-thinking of this field. The EU Raw Materials Initiative, which was published by the European Commission in November 2008, establishes an EU raw materials strategy including a list of actions.     

A quantitative evaluation of monitoring networks for region-specific nitrate reduction policies

Modern environmental policy implementation in many developed countries is increasingly regionally oriented. Regional governments have undertaken measures designed for the specific needs of the region but, so far, the resulting change in environmental quality has hardly been monitored. This study develops a method for the quantitative evaluation of region-specific environmental policy. Two forms of monitoring are distinguished: monitoring of performance of policy measures and monitoring of environmental quality. This study investigates two regions in the Netherlands where region-specific policy has been implemented. Performance monitoring focused on reduction of nitrate leaching to groundwater. Leaching reductions were calculated with simple models or rules of thumb. Quality monitoring focused on nitrate concentrations under grassland and other land use. An analysis of variance showed significant differences between different soil units. Stratified kriging was applied for spatial interpolation, showing within-unit variability. The current monitoring network could be improved by using a more regular type of grid.     

Effective EU and Member State policies for stimulating CCS

Although CO₂ capture and storage (CCS) is widely recognised as an option to mitigate climate change, consistent and effective EU policies to advance CCS are still absent. This paper discusses policy instruments for advancing large-scale deployment of CCS in the European Union, and evaluates them in a multi-criteria analysis. The EU Emissions Trading Scheme (EU-ETS) is a cost-effective instrument for limiting greenhouse gas emissions, but it is questionable whether its currently limited time horizon and short-trading periods will lead to substantial CCS diffusion. Complementary policies at the EU and the Member State level may repair this and provide sufficient incentives for CCS. Potential policies include financial instruments such as investment subsidies, a feed-in scheme, or a CO₂ price guarantee, as well as a CCS mandate or a low-carbon portfolio. These policy options differ with respect to their environmental effectiveness, possible interaction with the EU-ETS, costs and financial risk involved, and their competition with other mitigation options. Interactions between Member State policies and the EU-ETS are smaller in scope than those of EU-wide policies, but they are more likely to lead to displacement of financial resources from other low-carbon technologies. In addition, national policies may pose a significant part of the financial risk of CCS operations with Member States, reducing the operator's incentive to innovate. Overall, structural policies at the EU level, such as a mandate or a low-carbon portfolio standard would be more conducive for realising large-scale deployment of CCS across the EU as well as more acceptable to environmental organisations.     

Pragmatics of Policy: The Compliance of Dutch Environmental Policy Instruments to European Union Standards

Despite a general decrease in Dutch environmental emission trends, it remains difficult to comply with European Union (EU) environmental policy targets. Furthermore, environmental issues have become increasingly complex and entangled with society. Therefore, Dutch environmental policy follows a pragmatic line by adopting a flexible approach for compliance, rather than aiming at further reduction at the source of emission. This may be politically useful in order to adequately reach EU targets, but restoration of environmental conditions may be delayed. However, due to the complexity of today’s environmental issues, the restoration of environmental conditions might not be the only standard for a proper policy approach. Consequently this raises the question how the Dutch pragmatic approach to compliance qualifies in a broader policy assessment. In order to answer this question, we adapt a policy assessment framework, developed by Hemerijck and Hazeu (Bestuurskunde 13(2), 2004), based on the dimensions of legitimacy and policy logic. We apply this framework for three environmental policy assessments: flexible instruments in climate policy, fine-tuning of national and local measures to meet air quality standards, and derogation for the Nitrate Directive. We conclude with general assessment notes on the appliance of flexible instruments in environmental policy, showing that a broad and comprehensive perspective can help to understand the arguments to put such policy instruments into place and to identify trade-offs between assessment criteria.     

Diversity in sub-national EU implementation: the application of the EU Ambient Air Quality directive in 13 municipalities in the Netherlands

This paper offers an analysis of the implementation performance of the EU Ambient Air Quality directive in the Netherlands. It provides a systematic evaluation of the implementation of a procedural provision – the obligation to design air quality policy. It draws on original data on air quality policy measures that have been collected in 13 medium-sized Dutch municipalities. The analysis of differences in the implementation performance was performed using a novel three-dimensional conceptual framework. The findings illustrate great differences in the implementation performance between the municipalities. The focused comparison allowed establishing very precisely where the implementation performance is poor or even lacking, and which municipalities take their EU implementation task more seriously than others. Most puzzling, environmental problem pressure turned out not to act as a sufficient trigger for municipalities to take far-reaching air quality measures. In contrast to previous research, a more nuanced picture is painted when it comes to the concepts of ‘compliance’, ‘non-compliance’ and ‘over-compliance’. A careful dissection of the implementation performance based on the aspects of the conceptual framework produces hands-on recommendations to municipalities seeking to improve their air quality policy.     

Dynamics of Policy Networks. The Case of Organic Farming Policy in the Czech Republic

To better understand the potential for successful and long-term establishment of environmental policy, the aim of this paper is to explore the network dynamics of a policy field that has become well established in the EU: organic farming. We look at the dynamics of the organic farming policy network in the Czech Republic over a period of 10 years by applying a comparative formal network analysis. We focused in particular on the distribution of power between actors and how capacities of policy actors have evolved between 2004 (its year of accession to the EU) and 2014. We conclude that the organic farming policy network in the Czech Republic has been highly dynamic and has changed from one that was decidedly influenced by organic sector organizations to a network centralized around the Ministry of Agriculture. However, the organic farming organization managed to maintain its good reputation for competence in organic farming policy, which creates opportunities for the organization to remain active in the policy debate.     

A Site-Related Suitability Analysis for the Production of Biomass as a Contribution to Sustainable Regional Land-Use

The use of renewable energy in Europe offers the possibility of reducing greenhouse gas emissions, and contributes to energy security and independence. With the reform of the Common Agricultural Policy (CAP) and a variety of recently introduced national directives supporting renewable energy sources in the European Union, the economic attractiveness of bioenergy production has distinctly increased. This article combines an economic evaluation of biomass production with site-related natural conditions of the Havelland region, situated in the north-east area of Germany. Two methods for evaluating site-specific potential biomass yields were compared. For three example biomass crops, evaluations of yield estimations at agricultural lots for site-optimized suitability (SOS) and conventional suitability (CS) were carried out. Both modelling approaches were compared. The results of the GIS modelling indicate that the financial support for increasing the use of renewable energy with the German feed-in system, called Erneuerbare-Energien-Gesetz (EEG), will possibly lead to an increased cultivation of crops with high biomass output. This monocultural orientation of farming practices and the negative effects on the ecosystem could act in opposition to other environmental initiatives of the EU. The outputs of the SOS analysis show that high biomass production could be integrated into environmental policy proposals. Therefore, new EU policy should take modified subsidies into consideration in order to avoid developing conflicts between small-scale changes in landscape ecosystems caused by large-scale transformations in energy policy.     

From Boom to Bust? An Assessment of the Impact of Sustainable Development Policies on Housing in the Republic of Ireland

In many countries, moves towards sustainable development have been driven by a range of international agreements and by EU directives. This paper assesses the impact of international policy in this area on Irish housing policy and practice. To a large extent, Irish housing development has consisted of suburban sprawl on greenfield sites, low-density housing and one-off housing in rural areas. There is strong dependence on the car and very limited public transport. These unsustainable housing trends was exacerbated in recent years when the demand for housing increased significantly. The main response to this demand has been a substantial rise in the construction of housing. The paper examines the conceptualization and operationalization of sustainable housing in Irish policy and reveals that international developments have had some impact on policy but a very limited effect in practice.     

Agricultural landscapes as multi-scale public good and the role of the Common Agricultural Policy

During the last 50 years, the Common Agricultural Policy (CAP) has impacted the evolution of European agricultural landscapes by driving changes in land use and farming practices. We propose a typology characterising the scales relevant for agricultural landscapes management and argue that action is required on three scales: (1) a landscape oriented management at the farm level; (2) the coordination of land managers’ actions at the landscape level; and (3) the conservation of the diversity of agricultural landscapes in the EU. We provide evidence that until now the CAP has mainly focused on the first scale. We also illustrate how agricultural policy could encourage coordinated actions at the landscape- and EU-scales. In particular, we propose policy instruments to coordinate actions of individual land owners (e.g. collective bonus in agro-environmental contracts or support to environmental cooperatives (scale 2)). We also analyse how the recognition and transposition of the European Landscape Convention could promote trans-frontier landscape cooperation in order, not only to conserve high-quality rural landscapes, but also to ensure the conservation of the diversity of EU landscapes (scale 3). This paper provides a knowledge base to support an integrated CAP design in the direction of improved landscape management, as an important component of the EU project towards more sustainable agriculture.