Evolution European environmental law pre 1972: directive on classification, labelling, packaging of dangerous goods 1967 Directive on emissions (SEA) 1972 Stockholm Conference 1972 European summit meeting stressed economic expansion ‘not an end in itself’ action plan based on Art 2 …”respecting the environment” –Start of action plans Use of Art 100…as far as affect…common market And/or use of mop up power art 308 ADBHU case 240/83 : env protection is a fundamental aim

Evolution European environmental law New section on environment New art 100a ToA: environmental protection as an aim Art 2: sustainable dev, sustainable growth, high level env protection, improvement of env quality New Art 3(l): policy on environment Art 6 integration of environmental protection into all art 3 areas Co-decision normal

General principles of relevance to environment –Limited empowerment (art 5) Titanium dioxide case Commission v Council (300/89) –Subsidiarity principle trans national issues Generally mixed competence

General principles of relevance to environment –Proportionality principle To not be too burdensome, minimum standards are set –Framework directives v regulations –Voluntary codes Good agricultural practice to reduce nitrate pollution Eco label awards –Agreements with industry 1998 Commission with ACEA 2004 unilateral industry commitment to biodegradable polymer products But more protective national measures must be justified art 100a (4,5)

ECT environment principles –Integration principle ECJ ADBHU case 240/83 Art Art Fifth environmental action programme –Role of European Council and the Cardiff Process Sixth environmental action programme

ECT environment provisions Title XIX Environment (1986) Art Art 174 (1) objectives: –Protecting, preserving, improving quality Applies regionally, globally (ECJ) –Protecting human health Collective protection –Prudent and rational utilisation of natural resources 5 th env programme, decouple natural resource use from economic dev., modification of consumer/product practices –Promoting measures regional/int level EC is party to international env treaties

ECT environment Treaty provisions Guiding principles Art 174(2) High level of protection Precautionary principle –Take into account available scientific/technical data –Art 95: new scientific evidence –Art 30 –Secondary legislation Eg. Directive 98/81 art 5(4) –6 th env action programme para. 8.3 Near reversal of burden of proof from victim to producer

ECT environment provisions Guiding principles: Art 174 (2): Principle of prevention (1992) Pre dates precautionary principle –Measures to be taken before need for precaution –No requirement of causality –Eg packaging, labeling, notification, eia, access to information etc Rectification at source –Emissions standards v quality standards Wallonia case (2/90)

ECT environment provisions Art 174(2) guiding principles: Polluter pays principle (1986) –State aid subject to it –6 th env programme –Esp in secondary legislation Eg end of life vehicles directive (2000/53) Provisional measures/safeguard clauses –Eg biocide directive 98/8

ECT environment provisions Art 174 (3) factors to be taken into account: –Available scientific/technical data Even indicative/preliminary –Regional env conditions –Potential benefits and costs of action or inaction –Economic dev of the EC as a whole –Balanced development of the regions

ECT environment provisions legislative procedures art 175: Co-decision (Art 251) –for art 174(a) measures (art 175(1)) –general action programmes (art 175(3)) Council unanimity (art 175(2)): –Measures of a fiscal nature –Measures affecting town and country planning, quantitative management of water resources or affecting, directly or indirectly, the availability of those resources, land use, exception of waste management; –measures significantly affecting a Member State's choice between energy sources the general structure of its energy supply Council discretion

ECT environment provisions Art 6 requires integration into ag policy –Eg directive 91/414 on plant protection products on the market also has env/health protection component Brenner motorway case 205/98 Into common transport policy –Dir 93/75 re min requirement for ships carrying haz goods Energy policy

Institutional processes European Council (summits) Cardiff Cardiff process Lisbon Lisbon Strategy Cardiff process: political commitment to integration env prot/sust dev integration in all Council configurations requested Council Strategies –env action programmes 5 th env action programme 1993 “towards sustainability” –Review 1998 as Decision 2179/98/EC

Institutional processes 6 th env action programme –Decision 1600/2002 –Climate change 8% Kyoto reduction by % reduction 2020 Long-term 70% reduction –Natural resources/waste Recycling Integrated product policy

Institutional processes Commission strategic objectives –climate change –sustainable management natural resources work programme 2005 –10 initiatives (environment DG) –legislative programme Aviation emissions Sustainable urban transport Sustainable urban design EP committee on environment, public health, food safety

Institutional processes European environment agency –Est by Regulation 1290/90

External environmental policy Art 174 (4), art 133 explicit competence to legislate Extra territorial effect

Reading- casebook legal basis – how much discretion to MS? –pp 1-4, 6-12 External env protection –pp 12-13, MSs and more stringent measures –pp 22-24, 28-33, 33-35, Direct effect –pp 61-67, State aid –pp Env taxes –pp