CEE law report
Updates on legislation from around the region by Jerome Simpson, jsimpson@rec.org
Public information A draft law on public information was completed late July and presented to the Estonian interior minister for submission to various government departments for comments, the Estonian Newspaper Association reported recently. After the ministerial consultation round, the law will have to be approved by the government. The Association hopes this will happen before the end of 1999. A 12-member group of civil servants, members of parliament, academics and media representatives has been working on the draft for two years. The law should create a clear set of rules under which information is made public to anyone. The text of the draft law (in Estonian) is available for public comment on the home page of the Estonian Newspaper Association at http:// www.netexpress.ee/eall/eelnou.html.
In Latvia, regulations were adopted on August 3 defining procedures for the provision of information held by state and local administrative institutions to the public. The regulations support the implementation of the Law on Access to Information, passed by the Latvian parliament last autumn.
For more on "Information Society" development in the ten accession countries, please see story on Information society. Sources: IJNet - issue # 14, 5 Aug 1999 and RFE Newsline.
EU Accession: Lithuana
Environment-related legislation has undergone thorough revision in Lithuania to be brought in line with EU requirements. The Environmental Protection Law, the Water Law and the Environment monitoring Law were all approved in 1997, while in 1998, a new Law on Waste Management supporting the National Waste Management Strategy was adopted. The new law harmonises with all the EU's waste-related Directives.
A number of the new Law's Articles came into force June 1 this year. Amongst these are a labelling scheme for selected substances and products (including containers and packaging). This is expected to facilitate waste sorting, which must now be undertaken by those producing waste in their economic and commercial activities. These entities are now also expected to draw up and implement plans for the sustainable use of natural resources and waste reduction. The plans are to be made public, subjected to review and revised at least every five years. The waste management sector, under the new provisions, must maintain records on the production of waste and submit reports on production and management to the Ministry of Environment (MoE). The Ministry will in turn offer a waste classification scheme that is harmonised with that of the EU's Directives. In terms of hazardous waste, those producing it must also report to the MoE, as well as label, document and log hazardous waste when transported. The collection, transportation, storage, disposal, and use of hazardous waste is only permitted under license. Separate laws and regulations will implement other Articles within the Law including fees for the treatment of waste and product charges.
Furthermore, a Law on Energy Saving supporting the new Energy Strategy is being finalised for adoption by the government. It is expected to be passed by parliament during the winter or spring of 2000, while a new Law on Soil Protection, having been adopted, is currently held up in parliament owing to consistency checks with the Land Law. Also, a new Law on the Protection of Ambient Air that meets air sector requirements of the relevant EU Directives has been adopted by the government and is awaiting acceptance. The main goals of the law are the reduction of emissions from traffic and stationary sources (NOx, SO2, CO2, VOC and particles), as well as the replacement of ozone-depleting substances. The law is expected to be passed before the end of the year.
Czech Republic
According to a recent article in the January issue of the European Environmental Law Review (EELR), the Czech Republic's harmonisation of legislation with the EU's acquis communautaire belongs to part of a wider strategy to draft an updated National Environmental Policy reflecting the EU's Fifth Action Plan for the Environment. Two phases are expected in transposing EU law. The first will run to the end of 1999, and is designed to transpose all legal acts of the EU in order to ensure that full compatibility is achieved in areas where no adequate Czech law previously existed. For existing laws, substantial compatibility will be achieved. The second phase is aimed toward full transposition of all EU legal measures, by amendment and/or substitution of existing laws. This is expected to be completed around 2001. New regulations like the proposed Water Quality Framework Directive will also have to be incorporated.
The article indicated that new laws can be expected soon for environmental impact assessment, water, sewerage, pollution against nitrates, and by 2001 for Integrated Pollution Prevention and Control. Laws will also need to be drafted on the prevention of major industrial accidents, environmental management and audit systems, chemicals management and genetically modified organisms. An amendment can also be expected in 2000 to the recently adopted Waste Act, where a ban on PVC packaging is considered a hindrance to the single market. Furthermore, the existing Water Act which dates back to 1973 will need to be replaced with new legislation, in conformity with the forthcoming Water Quality Framework Directive.
Sources: European Environmental Law Review, Vol.8, No.1, Jan 1999, and RFE/RL NEWSLINE Vol. 3, No. 166, Part II, 26 Aug. 1999.
