Vilnius, 16/07/2013 (Agence Europe) - A European regulation, a European code of conduct or primacy given to national legislative frameworks for the exploration and exploitation of shale gas? The EU28 environment ministers were divided over what to choose, when they gathered at the informal Council in Vilnius on Tuesday 16 July. They were, however, all in favour of an integrated approach for risk assessment in order to ensure that all the environmental aspects were adequately analysed prior to any shale gas exploration or production activity. They acknowledged that the lack of adequate legislation, the need for the public to be kept informed, and the lack of public acceptance of unconventional fossil fuels means that a coordinated effort is needed not only by the EU but also by the member states.
The discussion chaired by Valentinas Mazuronis, the Lithuanian environment minister, was mainly aimed at preventing and reducing the environmental risks and impact of the exploration and exploitation of unconventional fossil fuels. There was a majority movement in favour of: 1) adopting necessary relevant policies at all levels of government (European, national, regional and local), considering that the policy option for “doing nothing at the EU level” was the least favourable; 2) recognising that environmental impacts (especially any resulting from hydraulic fracturing - “fracking” - technology) should be given more attention in future risk assessments and territory planning procedures; 3) underlining the need for the further improvement of data sharing and the disclosure of chemicals used for fracking; and 4) highlighting the importance of information to the public in addition to consulting and cooperating with stakeholders and local authorities.
Mazuronis said some are in favour of stronger legislation at European level while others, such as Poland, consider legislation should remain at national level. Those in the third category are between the two - they believe that legislation can be envisaged at EU level if there is agreement on the basic conditions, he said. Janez Potocnik, Environment Commissioner, underlined the need to create a predictable environment for the business world and to meet the legitimate concerns of the public. He said this is urgent as member states have different positions, adding: “We are at the point of the impact assessment. All options are envisaged - adapting current legislation, presenting guidelines or presenting a new single legislative act specific to shale gas”. He went on to add: “member states would like to explore shale gas, while others ban it, and some are wondering what they should do. The operators are wondering whether current legislation is applicable. Guarantees are needed for human health and environmental health. A risk management regulation is needed so that we know where we stand. Some legislation, such as the EIA (Ed: environmental impact assessment of certain public and private projects) are applicable but all risks are not covered. There is a legal void. Let us begin by working on something! I do not know whether it will be legislation, guidelines or whatever, but we must present a proposal on the management of risk creating a level playing field for all operators without interference in the energy mix of member states. We trust we shall be able to present this by the end of the year” (our translations throughout). (AN/transl.jl)