PROJECT ENVIRONMENTAL APPLICABLE LAW ONLINE PLATFORM
EU environmental regulations
General principles of EU environmental law
Picture: EU flag
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EU environmental policy is based on the precautionary principle and the principles of prevention, elimination of environmental damage at source and producer responsibility. The precautionary principle is a risk management tool that can be used when there is no scientific certainty about the alleged risks associated with a particular measure or policy for human health or the environment. For example, if there are doubts about the potentially dangerous effects of a product and an objective scientific assessment of the uncertainty does not eliminate it, it may be ordered to stop distributing the product or withdrawing it from the market. These measures should be non-discriminatory and proportionate and should be re-examined as more scientific information becomes available
Directive on Environmental Liability introduced the principle of producer responsibility, which aims to prevent or otherwise eliminate environmental damage to protected species and to natural habitats, water and soil. Precautions must be taken by operators of certain professional activities, such as the transport of dangerous substances or activities involving discharges into water, in the event of an imminent danger to the environment. If the damage has already occurred, they must take appropriate measures to remedy it and pay the costs associated with it. The scope of this directive has already been extended three times to include mining waste management, the operation of geological storage sites and the safety of offshore oil and gas activities.
In addition, the concept of integrating environmental concerns into other EU policies, which first appeared at the Cardiff European Council in 1998, has become important in European politics. Much progress has been made in recent years in integrating environmental policy, for example in the field of energy policies, as evidenced by the parallel development of the climate and energy package of EU legislation and the roadmap for the transition to a competitive low-carbon economy by 2050.
The legal basis for the drafting of EU environmental law is the Treaty on the Functioning of the European Union (TFEU) and Articles 11 and 191 to 194, respectively:
Article 11
Environmental protection requirements should be integrated into the definition and implementation of Union policies and activities, in particular with a view to promoting sustainable development.
Article 191
1. The Union's environmental policy shall contribute to the following objectives:
- preserving, protecting and improving the quality of the environment;
- protection of human health;
- careful and prudent use of natural resources;
- promoting action at international level to tackle regional or global environmental problems, in particular in the fight against climate change.
2. The Union's environmental policy shall aim at a high level of protection taking into account the diversity of situations in the regions of the Union. The policy is based on the precautionary principle and on the principles that preventive action must be taken, that environmental damage must be remedied as a matter of priority at source and that the polluter must pay.
In this context, harmonization measures that meet environmental protection requirements include, where appropriate, a safeguard clause allowing Member States to take temporary measures subject to Union control procedure for non-economic environmental reasons.
3. In formulating its environmental policy, the Union shall take into account:
4. Within their respective spheres of competence, the Union and the Member States shall cooperate with third countries and with the competent international organizations. The details of the Union's cooperation may be the subject of agreements between the Union and the third parties concerned.
The previous subparagraph is without prejudice to the competence of the Member States to negotiate in international bodies and to conclude international agreements.
Article 192
1. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions, shall decide on the measures to be taken by the Union to achieve the objectives set out in Article 191.
2. By way of derogation from the decision-making procedure referred to in paragraph 1 and without prejudice to Article 114, the Council, acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament, the Economic and Social Committee and the Committee of the Regions, shall:
(a) provisions of a particular fiscal nature;
(b) measures affecting:
- spatial planning;
- managing the quantities of water resources or affecting, directly or indirectly, the availability of those resources;
- land use other than waste management;
(c) measures that have a significant impact on Member States' choice between different energy sources and on the overall structure of their energy supply.
The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, the Economic and Social Committee and the Committee of the Regions, may decide to apply the ordinary legislative procedure to the areas referred to in the first subparagraph.
3. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions, shall adopt general work programs setting out the priority objectives.
The measures necessary for the implementation of these programs shall be adopted, as the case may be, in accordance with the conditions laid down in paragraph 1 or paragraph 2.
4. Member States shall finance and implement environmental policy, without prejudice to certain measures adopted by the Union.
5. Without prejudice to the polluter-pays principle, and where a measure adopted pursuant to the provisions of paragraph 1 is associated with disproportionately high costs for the authorities of a Member State, such a measure shall provide for appropriate provisions in the form of:
temporary derogations and/or
- financial support from the Cohesion Fund established in accordance with Article 177.
Article 193
Safeguard measures taken in accordance with Article 192 shall not prevent any Member State from maintaining or introducing more stringent protective measures. Such measures must be compatible with the Treaties. They shall be notified to the Commission.
Picture: EU flag
Source: https://www.123rf.com/photo_83991433_eu-flags-waving-in-front-of-european-parliament-building-brussels-belgium.html EU environmental policy is based on the precautionary principle and the principles of prevention, elimination of environmental damage at source and producer responsibility. The precautionary principle is a risk management tool that can be used when there is no scientific certainty about the alleged risks associated with a particular measure or policy for human health or the environment. For example, if there are doubts about the potentially dangerous effects of a product and an objective scientific assessment of the uncertainty does not eliminate it, it may be ordered to stop distributing the product or withdrawing it from the market. These measures should be non-discriminatory and proportionate and should be re-examined as more scientific information becomes available
Directive on Environmental Liability introduced the principle of producer responsibility, which aims to prevent or otherwise eliminate environmental damage to protected species and to natural habitats, water and soil. Precautions must be taken by operators of certain professional activities, such as the transport of dangerous substances or activities involving discharges into water, in the event of an imminent danger to the environment. If the damage has already occurred, they must take appropriate measures to remedy it and pay the costs associated with it. The scope of this directive has already been extended three times to include mining waste management, the operation of geological storage sites and the safety of offshore oil and gas activities.
In addition, the concept of integrating environmental concerns into other EU policies, which first appeared at the Cardiff European Council in 1998, has become important in European politics. Much progress has been made in recent years in integrating environmental policy, for example in the field of energy policies, as evidenced by the parallel development of the climate and energy package of EU legislation and the roadmap for the transition to a competitive low-carbon economy by 2050.
The legal basis for the drafting of EU environmental law is the Treaty on the Functioning of the European Union (TFEU) and Articles 11 and 191 to 194, respectively:
Article 11
Environmental protection requirements should be integrated into the definition and implementation of Union policies and activities, in particular with a view to promoting sustainable development.
Article 191
1. The Union's environmental policy shall contribute to the following objectives:
- preserving, protecting and improving the quality of the environment;
- protection of human health;
- careful and prudent use of natural resources;
- promoting action at international level to tackle regional or global environmental problems, in particular in the fight against climate change.
2. The Union's environmental policy shall aim at a high level of protection taking into account the diversity of situations in the regions of the Union. The policy is based on the precautionary principle and on the principles that preventive action must be taken, that environmental damage must be remedied as a matter of priority at source and that the polluter must pay.
In this context, harmonization measures that meet environmental protection requirements include, where appropriate, a safeguard clause allowing Member States to take temporary measures subject to Union control procedure for non-economic environmental reasons.
3. In formulating its environmental policy, the Union shall take into account:
- available scientific and technical data;
- environmental conditions in different regions of the Union;
- the potential benefits and costs of action or inaction;
- the economic and social development of the Union as a whole and the balanced development of its regions.
4. Within their respective spheres of competence, the Union and the Member States shall cooperate with third countries and with the competent international organizations. The details of the Union's cooperation may be the subject of agreements between the Union and the third parties concerned.
The previous subparagraph is without prejudice to the competence of the Member States to negotiate in international bodies and to conclude international agreements.
Article 192
1. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions, shall decide on the measures to be taken by the Union to achieve the objectives set out in Article 191.
2. By way of derogation from the decision-making procedure referred to in paragraph 1 and without prejudice to Article 114, the Council, acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament, the Economic and Social Committee and the Committee of the Regions, shall:
(a) provisions of a particular fiscal nature;
(b) measures affecting:
- spatial planning;
- managing the quantities of water resources or affecting, directly or indirectly, the availability of those resources;
- land use other than waste management;
(c) measures that have a significant impact on Member States' choice between different energy sources and on the overall structure of their energy supply.
The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, the Economic and Social Committee and the Committee of the Regions, may decide to apply the ordinary legislative procedure to the areas referred to in the first subparagraph.
3. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions, shall adopt general work programs setting out the priority objectives.
The measures necessary for the implementation of these programs shall be adopted, as the case may be, in accordance with the conditions laid down in paragraph 1 or paragraph 2.
4. Member States shall finance and implement environmental policy, without prejudice to certain measures adopted by the Union.
5. Without prejudice to the polluter-pays principle, and where a measure adopted pursuant to the provisions of paragraph 1 is associated with disproportionately high costs for the authorities of a Member State, such a measure shall provide for appropriate provisions in the form of:
temporary derogations and/or
- financial support from the Cohesion Fund established in accordance with Article 177.
Article 193
Safeguard measures taken in accordance with Article 192 shall not prevent any Member State from maintaining or introducing more stringent protective measures. Such measures must be compatible with the Treaties. They shall be notified to the Commission.