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Conference Proceedings 2015 Conference Proceedings 2015 General Lalanne F: DEFNET and European Union Law – a Road Towards Defence Sustainability?

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Conference Proceedings 2015 Conference Proceedings 2015 General Lalanne F: DEFNET and European Union Law – a Road Towards Defence Sustainability? Conference Proceedings 2015 Conference Proceedings 2015 General Lalanne F: DEFNET and European Union Law – a road towards defence sustainability? Noise Saarinen A: Environmental Noise And Reconciliation Of Interests Alfred W: Noise Emission Data of Danish Heavy Weapons Ax W: Noise Management at Major Training Areas in Germany Small Arms Ranges Johnsen I.V., Johnsen A.& Voie Ø.A.: Emission of toxic fumes and metals from weapons and ammunition Kajander S., Parri A. & Hourula T.: Implementing Best Available Techniques at Small Arms Ranges Qvarfort U., Sjöström J. & Burman J.: Environmental impacts of small calibre weapons in marine environment - An Example from two Swedish firing ranges. Heavy Weapons Koponen K. & Vesterinen M.: Development of Guidance Values for Explosive Residues Huemer T.: Precautionary soil and water protection by the German Ministry of Defence 5 (MOD) - Vulnerability assessments on military training areas Brochu S.: Towards Environmentally Sustainable, High Performance Ammunition Ferreira C., Ribeiro J.B. & Freire F.: Life-Cycle Assessment methodology: a tool for the evaluation of environmental and toxicological impacts of ammunitions Walsh M.R., Walsh M.E., Ramsey C.A., Thiboutot S. & Ampleman G.: Energetics Residues Deposition from Training with Large Caliber Weapon Systems Walsh M.E., Walsh M.R., Ramsey C.A., Thiboutot S. & Ampleman G.: Collection, Processing, and Analytical Methods for the Measurement of Post-Detonation Residues from Large Caliber Ammunition Svanström T. & Warsta M.: Introducing a project: Technical and practical solutions for environmental protection of Heavy Weapons Ranges Management & Reporting Drosos G.: Investigating Environmental Consciousness within Hellenic Armed Forces - Part I: Hellenic MoD’s route on developing Sustainability Standards for Manpower Factor:The Questionnaire Tool Kehagias J., Rigopoulou I. & Drosos G.: Investigating Environmental Consciousness within Hellenic Armed Forces - Part IΙ: Statistical Findings and Conclusions Luhtio H.: Managing Environmental Information - Advanced Environmental Data Management System in Finnish Defence Administration Energy and Materal Effiency Waleij A.,Tjäder Z. & Liljedahl B.: Strategic Environmental Assessments (SEA) in in defense planning and decision making Liljedahl B., Waleij A. & Simonsson L.: Intelligence support to military operations- the case of Mali and MINUSMA European Conference on Defence and Environment – Helsinki - June 9th 2015 “DEFNET and European Union Law – a road towards defence sustainability?” 2015 is an appropriate year to take stock of the European Union (EU) environmental policy. Indeed, there is a new Commission in place, a new State of environment report (SOER) - a report published every five years by the European Environment Agency - and possibly a new climate agreement at the 21st Conference of the Parties (COP21) to the United Nations Framework Convention on Climate Change (UNFCCC). Besides, 2015 will also be the year of the 20th Plenary meeting of the DEFNET (Copenhagen, 28-29 October). The DEFNET is an informal network of environmental and energy focal-points and specialists from the Ministries of Defence (MoD’s) of the EU which exists since 2001. Therefore for the DEFNET, it is interesting to try and assess the evolution of EU law in domains where the state of environment is particularly worrying according to SOER and to discuss possible impacts on Defence. I. Defence and EU environmental law – benefits of the DEFNET Since 1972 and especially since 1986, the global trend is that all EU policies are more and more involved with environment. This issue is integrated at the highest legal level, in the Treaty on the functioning of the European Union (TFEU) at the article 11: “Environmental protection requirements must be integrated into the definition and implementation of the Union's policies and activities, in particular with a view to promoting sustainable development”. This “horizontal clause” means that all EU laws have to take account of their impact on environment. The provision of article 11 TFEU about environmental protection « emphasizes the fundamental nature of that objective and its extension across the range of [the Community] policies and activities »1. Moreover, a European Commissioner for Climate Action was created in 2010, which is a signal of the importance of the environment policy in the EU. The first commissioner was Connie Hedegaard and the actual commissioner for Climate Action and Energy is Miguel Arias Cañete. History of EU environmental law – short overview 1972 1st Environment Action Programme; 1986 Single European Act: Environment becomes a community policy; 1992 Maastricht Treaty: Environment policy moves to co-decision process; 1997 Amsterdam Treaty: Sustainability development principle is integrated to objectives of the Communities; 2009 Lisbon Treaty new objective: Promotion of measures at international level (especially climate change). In this context, defence activities have to take environmental protection issues into account. That is why the DEFNET was created. It represents a channel between EU law and defence administrations. 1 Court of Justice of the European Communities, case C-320/03, Commission vs. Austria, 2005: point 73. 1 European Conference on Defence and Environment – Helsinki - June 9th 2015 What is the DEFNET? The DEFNET network helps MoD’s to ensure that defence activities are taken into account during the EU environmental and energy law making process and implementation. This is achieved through exchange of technical information to share solutions to environmental and energy problems, so as to improve MoD’s performance on that topics. It contributes to improve the implementability of EU legislation through exchanges between EU institutions and MoD’s. The DEFNET also acts as a defence stakeholder, developing and working to develop close contacts with EU institutions, especially with the European Commission. How does the DEFNET work? First, the specificity of defence activities leads the network to discuss Commission proposals on many environmental topics and to adopt a DEFNET consensual position. If the position is to ask for changes in a Commission’s proposal, then each MoD would try to back the DEFNET position at its national level so that the Council of the EU takes the request into account and convinces the European Parliament that the changes are necessary. Some contributions of the DEFNET The DEFNET has managed to obtain some defence adaptations or exemptions in specific EU regulations. It was the case for instance in the ship recycling regulation, which translates the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships into EU law. Another example is the action of the network in the elaboration of an ozone regulation modification: the DEFNET, acting as a direct interlocutor to the Commission, negotiated deadlines for all EU Member States MoD’s with regards to the critical uses of halons, in order to better fit the regulation with the possibilities of the defence sector. Examples of EU law where DEFNET has been involved SUBSTANCES: REACH regulation (1907/2006/EC) WATER: Marine Strategy Framework directive (2008/56/EC) AIR: Ozone regulation - critical uses of halons (744/2010/EU) ENERGY: Energy efficiency directive (2012/27/EU) WASTES: Ship recycling regulation (1257/2013/EU) II. Framework for the future of EU environmental law The general legal framework of future EU environmental law is determined by the 7th Environment Action Program (EAP) 2. It sets priority objectives for 2020 and establishes a vision for the year 2050. The first three priority objectives are as follows: . « to protect, conserve and enhance the Union’s natural capital; . to turn the Union into a resource-efficient, green and competitive low-carbon economy; 2 Decision n° 1386/2013/EU of the European Parliament and of the Council of 20 November 2013 on a General Union Environment Action Programme to 2020 ‘Living well, within the limits of our planet’. 2 European Conference on Defence and Environment – Helsinki - June 9th 2015 . to safeguard the Union’s citizens from environment-related pressures and risks to health and well-being; » The annex of the decision details thematic priorities. For instance about horizontal chemicals legislation, it states that « efforts need to be stepped up to ensure that, by 2020, all relevant substances of very high concern, including substances with endocrine-disrupting properties, are placed on the REACH candidate list. ». This list contains candidates to an authorization regime of the REACH regulation. Beyond this general legal framework, two other elements should contribute to the future legislative proposals of the Commission about environmental protection. From the political area, the European Council conclusions on environmental matter are likely to play a great role, such as for the energy/climate policy and the legal objective for greenhouse gas (GHG) emissions which will be mentioned below. These conclusions establish an EU position based on important communications from the Commission. They are a political impulse that is very important to be considered because it sets political goals, sometimes legally binding. From the scientific domain, the 2015 State of Environment Report (SOER 2015) from the European Environment Agency (EEA) should contribute to determine the action of the new environment commissioner. It is also an obligation of the Commission to monitor the implementation of 7th EAP
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