THE CONSTITUTIVE AND AMENDING TREATIESOBJECTIVES; PRINCIPLES; LEGAL BASIS

1

European Union Environmental Law and

Policy

EU Environmental Law and Policy2

1957 European Economic Community Treaty• Legal basis• Article 235• Article 100

EU Environmental Law and Policy3

Case C-240/83 Procureur de la République v Association de Défense de Bruleurs de Huiles Usagées

Essential objectiveCase C-302/86 Commission v DenmarkProtection of the environmentMandatory requirementProportionality

EU Environmental Law and Policy4

1986 Single European Act – amending the EEC Treaty

• Environment Title VII, Articles 130r, 130s, 130t EEC

• Approximation of laws, Article 100a(3) (4)EEC• High level of environmental protection

1992 Treaty on European Union – amending The European Community Treaty• Article 3(k) EC - Policy in sphere of environment• Environment Title XVI, Arts. 174, 175, 176 EC• Qmv and codecision – general rule • Approximation of laws, Article 95 EC

EU Environmental Law and Policy5

1997 Treaty of Amsterdam• Article 2 EC Sustainable Development• Article 3(1)(l) EC policy in sphere of

environment• New Article 6 EC [Now Article 11 TFEU]

‘environmental protection requirements must be integrated into the definition and implementation of other Community policies and activities… , with a view to promoting sustainable development’

• Articles 174, 175 and 176EC

EU Environmental Law and Policy6

2007 Treaty of Lisbon• Now Environment Title XX• Articles 191, 192 and 193 TFEU• Objectives, principles and procedures• Article 191(1) TFEU Objectives:1. To preserve, protect and improve

environmental quality,2. To protect human health,

EU Environmental Law and Policy7

3. Prudent and rational utilisation of natural resources,

4. Promoting measures at international level to deal with regional or worldwide environmental problems, and in particular climate change (Lisbon).

EU Environmental Law and Policy8

• Article 191(2) TFEU • Principles:1. Precautionary principle,2. Preventive action,3. Rectification of environmental damage at

source,4. Polluter pays

EU Environmental Law and Policy9

• Legal basis:• Article 192(1) TFEU Ordinary legislative

procedure• Article 192(2) Special legislative procedure

– unanimity: (a)Provisions primarily of a fiscal nature:(b)Measures affecting: - town and country planning

EU Environmental Law and Policy10

- quantitative management of water resources or affecting, directly or indirectly, the availability of those resources,

- land use, with the exception of waste management;

(c) Measures significantly affecting a Member State’s choice between different energy sources and the general structure of its energy supply.

(Provision to make the ordinary legislative procedure apply without Treaty amendment).

EU Environmental Law and Policy11

• Article 192(3) TFEU Environmental Action Programmes – ordinary legislative procedure.

• Article 192(4) TFEU Member States finance and implement environment policy – general rule.

• Article 192(5) TFEU disproportionate costs for public authorities – temporary derogations/ financial support from Cohesion Fund.

• Article 193 TFEU Member States may maintain or introduce more stringent protective measures.

EU Environmental Law and Policy12

Article 114 TFEU: Approximation of laws for the attainment of

the internal marketSubsidiarityArticle 5 TFEU

Substitution and Producer Responsibility Principles

EU Environmental Law and Policy13

2000 and 2007 Charter of Fundamental Rights of the European Union - Article 37

2001 Treaty of Nice and Declaration

2002 Sixth Environment Action Programme ‘Our Future: Our Choice’ - 2012

2007 Treaty of Lisbon14

Article 3 TEU ObjectivesNew Article 4(2)(e) Shared competenceNew Article 13 TFEU Animal Welfare Animals - sentient beings – Treaty basisArticle 191(2) – New - Climate changeNew Title XXI EnergyArticle 194 TFEU

2007 Treaty of Lisbon15

• Article 194(1) TFEU In the context of the establishment and functioning of the internal market and with regard to the need to preserve and improve the environment, Union policy on energy shall aim, in a spirit of solidarity between Member States, to:

(a)Ensure the functioning of the energy market;

(b)Ensure security of energy supply in the Union;

2007 Treaty of Lisbon16

(c) Promote energy efficiency and energy saving and the development of new and renewable forms of energy; and

(d) Promote the interconnection of energy networks.

• (2) Without prejudice to Art. 192(2)(c)• Ordinary legislative procedure• (3) special legislative procedure and

unanimity – measures primarily of a fiscal nature.