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Viewing cable 08TELAVIV1845, ISRAEL PASSES STRONG NEW ENVIRONMENTAL LEGISLATION

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Reference ID Created Released Classification Origin
08TELAVIV1845 2008-08-21 10:26 2011-08-24 01:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Tel Aviv
VZCZCXYZ0007
RR RUEHWEB

DE RUEHTV #1845/01 2341026
ZNR UUUUU ZZH
R 211026Z AUG 08
FM AMEMBASSY TEL AVIV
TO RUEHC/SECSTATE WASHDC 8073
INFO RUEHJM/AMCONSUL JERUSALEM 0315
RUEHAM/AMEMBASSY AMMAN 4638
RUEHRC/DEPT OF AGRICULTURE WASHDC
RUEAEPA/HQ EPA WASHDC
UNCLAS TEL AVIV 001845 
 
SENSITIVE 
SIPDIS 
 
STATE FOR OES/ENV, EEB/EPPD-JMUDGE AND NEA/AIA 
EPA FOR INTERNATIONAL - METCALF 
USDA FOR FAS/ICD/RSED 
AMMAN FOR ESTH - BHALLA 
 
E.O. 12958: N/A 
TAGS: SENV ENRG TBIO IS
SUBJECT: ISRAEL PASSES STRONG NEW ENVIRONMENTAL LEGISLATION 
 
Ref: (A) Tel Aviv 195 (B)Tel Aviv 613 
 
1. (U) SUMMARY. During the legislative session that concluded in 
July, Israel's parliament (Knesset) passed several new laws 
significantly strengthening environmental regulation.  These 
included a Clean Air Act, a "Polluter Pays" law, and a stronger 
enforcement law.  Israel's business, academic and NGO communities 
all hailed the measures as positive, despite the costs they will 
likely impose.  The government's ability to protect the environment 
and prosecute infractions will be much stronger once the laws are 
fully implemented. Implementation will be essential to Israel's 
accession to the Organization for Economic Cooperation and 
Development (OECD), and may be the greatest hurdle the GOI will face 
in joining the OECD.  Securing the resources and budget to implement 
the new measures will be a challenge, as will moving the Israeli 
population toward a more environmentalist perspective supporting 
such action.  End Summary. 
 
Years in the Making 
------------------- 
2. (U) In a fit of activism in the final weeks of its legislative 
session, the Knesset approved several notable laws that greatly 
strengthened environmental protection in Israel.  On July 22, 
Israel's first Clean Air Law was passed. First introduced in 2005, 
the new law will revolutionize how air quality hazards are dealt 
with in Israel.  The law adds teeth to the Ministry for 
Environmental Protection (MEP) capabilities, including setting 
emissions standards, controlling vehicular pollution, and monitoring 
air quality.   The law requires the 150 most polluting corporations 
to apply for permits (for a fee) from the MEP for their emissions; 
this is supposed to enable the GOI to press for reductions over 
time, and encourage the introduction of the best available 
environmental technology by companies.  The MEP is also required to 
formulate a national plan for reduction of air pollution. 
 
3. (U) Although Israel's Clean Air Act will not come into effect 
until January 2011, it legitimates and better structures activities 
the GOI is already undertaking.  Environment Minister Gideon Ezra 
had, in fact, lobbied against the legislation in previous weeks, not 
wanting to see the Ministry take on obligations far beyond its 
resources to implement.  He endorsed the law once its passage 
appeared inevitable, however.  One Ministry official acknowledged to 
the media that the institution will need billions of shekels and 34 
more professional staff to handle the increased responsibilities, 
such as issuing permits. 
 
4. (U) Separately, on July 30, the Knesset unanimously passed a law 
detailing a list of new penalties and financial sanctions against 
businesses found guilty of environmental law infractions. The 
"Polluter Pays" legislation allows fines up to 300,000 shekels (USD 
86,000) for individuals and 2.4 million shekels (USD 686 million) 
for corporations that pollute.  Most important, it imposes the 
requirement that the polluter restore the environment to the status 
quo ante, and can levy a fine equal to the economic advantage the 
polluter gained through his or her infraction.  Where polluters fail 
to correct the situation, the government can address the damage, 
such as an oil spill, and charge the polluter double the cost of 
remediation. 
 
5. (U) The Knesset also approved an Environmental Enforcement Law. 
Heretofore, only the central government had the authority to enforce 
most environmental laws, and it also collected the associated fines 
from offenders.  Under the new law, local authorities will now be 
authorized to enforce these laws, and the income they receive from 
the associated fines will serve as an incentive to strongly enforce 
environmental laws within their jurisdictions.  Bills discouraging 
use of plastic bags, reducing water use, and saving energy in 
government buildings also passed the first reading in the chamber, 
though are not yet final.  Knesset members claimed that this was the 
"greenest" Knesset ever, approving more environmental legislation 
than in the previous 60 years of Israel's parliament. 
 
Supported By Many Sides 
----------------------- 
6. (U) Despite the far-reaching impact of these new laws, they were 
adopted with solid support across the business, academic, and NGO 
communities.  Although Israel's national Green party is not 
represented in the Knesset, several Knesset members (MKs) are 
nationally known for their strong environmental stands.  Dov Khenin 
(Hadash - Arab/Jewish left wing party) and Michael Melchior 
(Labor-Meimad) often reflect environment lobby views, and were among 
the 19 MKs who signed on as sponsors of the polluter pays law, and 
the fact it was unanimously approved by the body indicates broad 
support for the bill.  The NGO community had spent years encouraging 
such legislation; the Clear Air Law was actually drafted with the 
help of the Israel Union for Environmental Defense, the country's 
leading environmental NGO.  The Union's Executive Director, while 
very pleased with legislative outcome of the session, cautioned that 
implementation of the new laws would be the critical test of 
commitment by parliament. 
 
7. (SBU) Arie Nesher, Director of Tel Aviv University's School of 
Environmental Studies called the legislation a good sign of change 
in Israeli society's environmental consciousness.  Regarding 
environmental problems, he noted, Israel faces problems that cannot 
be dealt with in isolation; pollution and global warming require 
coordinated international action.  Nonetheless, he said, Israel is 
still dominated by tactical, short-term thinking, and rarely takes a 
long-term view with strategic objectives in mind.  The test would be 
getting the funds to fully implement the provisions of the new 
legislation.  The business sector response to the raft of 
environmental legislation was positive, perhaps because of the 
long-term program perspective the new laws promote.  A spokesman for 
the Manufacturers Association of Israel supported the Clean Air 
bill, while acknowledging it will impose costs. "It won't be easy, 
but it's important that we have a timetable that will allow us to 
prepare.  We need a planning horizon so we'll know what demands are 
being made and how to prepare for them." 
 
 
The Crucial Test: Money 
----------------------- 
8. (SBU) Comment: The bottom line assessment of any legislation is 
its application, and all sides in Israel reserve judgment on this 
score.  Ministry of Foreign Affairs Economic contacts tell us that 
finding the money and staff to be fully compliant with environmental 
standards will be Israel's greatest challenge in acceding to the 
Organization for Economic Cooperation and Development.  Given the 
pre-eminence the GOI traditionally places on defense issues, and the 
rebuke the Finance Minister has garnered for the marginal cuts he 
proposed in the 2009 government budget presented August 17, it is 
hard to envision the Knesset doling out the funds needed to fully 
implement all the environmental legislation newly passed.  Israeli 
society, too, is less aware of environmental issues, and has not 
shown great will to pay for them; the GOI has had to undertake a 
major awareness campaign to sensitize the public to the current 
water shortage, for example.  Nonetheless, Israel has a small but 
vocal and growing constituency demanding environmental protection. 
When it reconvenes in October, the Knesset budget debate may cast a 
long shadow on Israel's future ability to address its environmental 
problems. 
 
CUNNINGHAM