Transcript The EU’s Environmental Policy and Sustainable

Introduction to EU Environmental Law
Dr. Marc Pallemaerts
Senior Fellow, Institute for European
Environmental Policy;
Professor of European environmental law,
University of Amsterdam; Professor of
international and European environmental law,
Université Libre de Bruxelles
Law Faculty, Yerevan State University
Yerevan, 14 October 2008
Objectives of the EU
Article 2 of the Treaty establishing the European Community
The Community shall have as its task … to promote
throughout the Community a harmonious, balanced
and sustainable development of economic
activities, a high level of employment and of social
protection, equality between men and women,
sustainable and non-inflationary growth, a high
degree of competitiveness and convergence of
economic performance, a high level of protection
and improvement of the quality of the
environment, the raising of the standard of living and
quality of life, and economic and social cohesion and
solidarity among Member States.
Objectives of EU environmental policy
Article 174(1) of EC Treaty
• preserving, protecting and improving the
quality of the environment
• protecting human health
• prudent and rational utilisation of natural
resources
• promoting measures at international level
to deal with regional or worldwide
environmental problems
Principles of EU environmental policy
Article 174(2) of EC Treaty
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high level of protection
precautionary principle
principle of preventive action
principle of rectification at source
polluter pays principle
Principle of integration
Article 6 of EC Treaty
Environmental protection
requirements must be integrated into
the definition and implementation of
[all] Community policies and
activities … in particular with a view
to promoting sustainable
development.
Principle of subsidiarity
Article 5 of EC Treaty
In areas which do not fall within its exclusive
competence, the Community shall take action, in
accordance with the principle of subsidiarity, only
if and in so far as the objectives of the proposed
action
• cannot be sufficiently achieved by the Member
States and
• can therefore, by reason of the scale or effects of
the proposed action, be better achieved by the
Community.
Legislative instruments of EU environmental policy
• EU institutions have supranational
legislative authority and can issue
• Directives: binding upon each Member
State as to the result to be achieved, but
choice of form and methods left to national
authorities
• Regulations: binding and directly
applicable in all Member States
• Primacy of EU law
• Main legislative instrument used in
environmental policy = Directive
Obligations of Member States
arising from Directives
• Transposition into legally binding norms
of domestic law (administrative practice is
not sufficient)
• Practical application of these norms in
individual situations
• Enforcement in the event of noncompliance (through administrative or
criminal sanctions)
Structure of EU environmental law
• Substantive environmental standards
applying to specific environmental media
or sources of environmental interference
(sectoral)
• Procedural environmental standards
applying to conduct of environmental
policy by public authorities and
environmental rights of citizens
(horizontal)
Substantive environmental law
Main areas covered:
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Water quality
Air quality
Noise control
Industrial pollution control
Waste prevention and management
Management of chemicals
Management of GMOs
Nature conservation and biodiversity
Procedural environmental law
Main instruments used:
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Integrated environmental permits (IPPC)
Environmental impact assessment (EIA)
Strategic environmental assessment (SEA)
Environmental management and audit (EMAS)
Freedom of access to environmental information
Public participation in environmental decisionmaking
• Access to justice in environmental matters
Water quality
Water Framework Directive (2000/60/EC):
• Overall framework for water policy
• Based on integrated river basin
management
• Member States to establish river basin
management plans and programmes of
measures to achieve « good water status »
by 2015
• Combined approach (environmental
quality standards and source controls)
Water quality
Specific Directives on:
• Drinking water quality (98/83/EC)
• Urban waste water treatment
(91/271/EEC)
• Nitrates from agricultural sources
(91/676/EEC)
• Bathing water (2006/7/EC)
• Groundwater (2006/118/EC)
Air quality
Framework Directive on ambient air quality
assessment and management (96/62/EC):
• Establishment of and compliance with air
quality standards for specific pollutants
• Action plans if standards exceeded
• Monitoring requirements
• Alert thresholds
• Information and reporting requirements
Air quality
Specific Directives on:
• National emission ceilings for
specific pollutants (2001/81/EC)
• Vehicle emissions
• Fuel quality standards
• Emissions of volatile organic
compounds (1999/13/EC)
• Greenhouse gas emissions trading
(2003/87/EC)
Waste prevention and management
Waste Framework Directive (2006/12/EC):
• Definition of waste, waste recovery and
disposal
• General principles of waste management
• Producer responsibility/polluter pays
• Permit system for recovery and disposal
operations
• Monitoring of waste transport
• National waste management plans
Waste prevention and management
Specific Directives for specific types of
waste:
• Hazardous waste (91/689/EEC)
• Batteries and accumulators (2006/66/EC)
• Packaging and packaging waste
(94/62/EC)
• Waste oils (75/439/EEC)
• End of life vehicles (2000/53/EC)
• Waste electrical and electronic equipment
(2002/96/EC)
• Mining waste (2006/21/EC)
Waste prevention and management
Specific Directives establishing
environmental standards for specific
forms of waste disposal:
• Waste incineration (2000/76/EC)
• Landfills (1999/31/EC)
Regulation on transfrontier shipments
of waste (1013/2006/EC)
Management of chemicals
New Regulation on Registration, Evaluation
and Authorisation of Chemicals (REACH):
• Registration requirement for all
substances produced and imported in EU
• Industry to gather and submit information
on health and environmental hazards
• Evaluation of risks through systematic
procedure
• Most hazardous chemicals only to be used
subject to authorization (principle of
substitution)
Integrated environmental permit
Directive on Integrated Pollution Prevention and
Control (IPPC) (96/61/EC):
• Harmonized list of activities subject to IPPC
permit throughout EU
• Member States to ensure activities not operated
without permit/permit may not be issued unless
activity complies with Directive
• Emission limit values based on best available
techniques (BAT)
• Public information and participation
• Monitoring and enforcement requirements
Environmental impact assessment
Directive on EIA (85/337/EEC):
• All public/private projects likely to have
significant effect on environmental subject to EIA
• Member States may not issue permit before EIA
performed
• Harmonized list of projects subject to EIA
throughout EU
• Other projects to be determined by Member
States
• EIA must be made public/public must be given
opportunity to comment before permit is issued
Procedural environmental rights
Conceptual foundation as expressed in Article 1 of
Aarhus Convention (approved by EC on 17
February 2005):
“In order to contribute to the protection of the right
of every person of present and future generations
to live in an environment adequate to his or her
health and well-being, each Party shall guarantee
the rights of access to information, public
participation in decision-making, and access to
justice in environmental matters in accordance
with the provisions of this Convention.”
Public access to environmental information
Directive on public access to environmental
information (2003/4/EC) implements requirements
of Aarhus Convention in EU law:
• Broad definition of environmental information
• Right of access to environmental information
held by public authorities/citizens need not
demonstrate interest
• Limited list of exceptions/public authorities must
give reasons for refusal
• Access within 30 days of request
• Review procedure available if refusal
Public participation in decision-making
Directive on public participation in environmental decisionmaking (2003/35/EC) implements requirements of Aarhus
Convention in EU law:
• Public participation required in:
• procedures for establishment of plans and programmes
relating to the environment
• EIA procedures (Directive 85/337/EEC)
• IPPC permit procedures (Directive 96/61/EC)
• Public must be notified of application for permit, competent
authority, nature of possible decision, available information
and where it can be accessed
• Public concerned shall be given early and effective
opportunities to participate and be entitled to express
comments and opinions when all options are open
• Public must be informed of decision taken and the main
reasons and considerations on which it is based
Access to justice in environmental matters
Requirements of Article 9 of Aarhus Convention
partly implemented in EU law:
• Member States shall ensure that public
concerned has access to a review procedure
before a court of law or another independent and
impartial body established by law to challenge
the substantive or procedural legality of
decisions subject to public participation
requirements
• Member States shall ensure that person whose
request for environmental information has been
denied has access to administrative review
procedure, followed by review procedure before a
court of law or another independent and impartial
body established by law
Access to justice in environmental matters
Requirements of Article 9(3) of Aarhus
Convention not implemented in EU law but
to be implemented by Member States in
their national law:
• Where they meet the criteria, if any, laid
down in national law, members of the
public shall have access to administrative
or judicial procedures to challenge acts
and omissions by private persons and
public authorities which contravene
provisions of national law relating to the
environment.