1. Principles of EU Environmental Law
KAROLINA KULIŃSKA

2. CLASSIFICATION
On the basis of the relation to general principles of EU law:
General principles of EU which also apply to the environment
Specific environmental law principles
Both substantive and procedural principles can be identified (i. a.. access to information, participation in decision-making and justice)

3. General principles applicable to environment
Subsidiarity and proportionality principle [Art. 5(3) TEU]
Integration principle [Art. 11 TFEU]
Principle of sustainable development [Art. 3, 5 and 11 TFEU]

4. Specific environmental law principles
The precautionary principle
The prevention principle
The rectification at source principle
The polluter pays principle

5. Sustainable development
Initially a concept of International Environmental Law
Addressed for the first time in 1972 Stockholm Declaration on the Human Environment
Formally introduced and defined in 1987 Report of the World Comission of Environemnt and Development (WCED)
Subsequently promoted in various international conventions, treaties and declarations:
UN Climate Change Convention,
CBD,
1992 Rio Declaration: In order to achieve sustainable development, environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from it. (Principle 4)

6. Sustainable development
‘development that meets the needs of the present without compromising the ability of future generations to meet their own needs’ (Brudtland Report)
Criticism: highliths only inter-generational aspect of the principle

7. Sustainable development
Introduced for the first time in the Treaty of Amsterdam (1997)
Environmental protection requirements must be integrated into the definition and implementation of the Union's policies and activities, in particular with a view to promoting sustainable development. [Art. 11 TFEU, ex. Art. 6 of TEC)
It is considered to be both key-principle and “overreaching long-term goal of the EU”
Also it has both substantive and procedural character

8. Sustainable development
Notion of sustainable development is pre-eminent in the both primary and secondary law of the EU:
DETERMINED to promote economic and social progress for their peoples, taking into account the principle of sustainable development and within the context of the accomplishment of the internal market and of reinforced cohesion and environmental protection, and to implement policies ensuring that advances in economic integration are accompanied by parallel progress in other fields, [Preamble of TEU!]

9. Sustainable development
The Union shall establish an internal market. It shall work for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment. It shall promote scientific and technological advance. [Art. 2(3)TEU]  internal market & economic aspect

10. Sustainable development
In its relations with the wider world, the Union shall uphold and promote its values and interests and contribute to the protection of its citizens. It shall contribute to peace, security, the sustainable development of the Earth, solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and the protection of human rights, in particular the rights of the child, as well as to the strict observance and the development of international law, including respect for the principles of the United Nations Charter. [Art. 2(5) TEU]  Social & international aspect

11. Sustainable development
The Union shall define and pursue common policies and actions, and shall work for a high degree of cooperation in all fields of international relations, in order to:
(d) foster the sustainable economic, social and environmental development of developing countries, with the primary aim of eradicating poverty
(f) help develop international measures to preserve and improve the quality of the environment and the sustainable management of global natural resources, in order to ensure sustainable development; [Art. 21(2)]
 External actions

12. Sustainable development
There is no legal definition of the notion in treaties!
A principle. Legal concept or merely an instrument?
In EU Strategy for sustainable development of 2006 “key challenges and corresponding targets, operational objectives and actions”
climate change and clean energy
sustainable transport
sustainable consumption and production
conservation and management of natural resources
public health
social inclusion, demography and migration
global poverty and sustainable development challenges

13. Sustainable development
Example of secondary law - Waste Electrical and Electronic Equipment Directive (WEEE)
The Community programme of policy and action in relation to the environment and sustainable development (Fifth Environmental Action Programme) stated that the achievement of sustainable development calls for significant changes in current patterns of development, production, consumption and behaviour and advocates, inter alia, the reduction of wasteful consumption of natural resources and the prevention of pollution. It mentioned waste electrical and electronic equipment (WEEE) as one of the target areas to be regulated, in view of the application of the principles of prevention, recovery and safe disposal of waste. [Rec. 3]

14. Case 302/86 Danish bottles [1988]

15. Preventive action and precaution
#classwork

16. Polluter pays principle
Its basic assumption is the internalisation of external (environmental) costs, which would otherwise directly or indirectly covered by society
Danger of wrongful application of this approach  A problem of passing those costs on to the consumer through the price of products produced with the use of environmentally harmful technologies
Two kinds of obligation stem from this principle:
1. Preventive application – an entity which conducts environmentally harmful activity is obliged to bear the costs of actions connected with preventing this negative effect
2. restorative justice – obligation to bear financial costs arises at the point where the undue incident taken place and the issue of the elimination of its consequences has arisen

17. Polluter pays principle
PRINCIPLE 16 of Rio Declaration
National authorities should endeavour to promote the internalization of environmental costs and the use of economic instruments, taking into account the approach that the polluter should, in principle, bear the cost of pollution, with due regard to the public interest and without distorting international trade and investment.
Mixture of public law and civil liability

18. Polluter pays principle
Organisation for Economic Co-operation and Development (OECD) recommendations
PPP in a strict sense (PPP standard) – prohibition of production subsidies by the obligation to bear the expense of pollution generated in line with and at level defined by national norms to regulate the implementation of environmental policy
PPP in a broad sense (international law dimension) - polluter will bear the expenses connected with the implementation of national environmental policies with regard to limiting the pollution

19. Polluter pays principle
Used in treaties to execute entrepreneur liability for environmental damage  normally related to activity of exceptionally high environmental risk such as transport of oil or the functioning of nuclear installations
Examples:
- Art. 3 The Nordic Environmental Protection Convention Done at Stockholm on 19 February 1974
Kyoto Protocol
Main addressee: national legislator

20. Polluter pays principle – art. 191 TFEU
2. Union policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the Union. It shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay.
In this context, harmonisation measures answering environmental protection requirements shall include, where appropriate, a safeguard clause allowing Member States to take provisional measures, for non-economic environmental reasons, subject to a procedure of inspection by the Union.
3. In preparing its policy on the environment, the Union shall take account of:
- available scientific and technical data,
- environmental conditions in the various regions of the Union,
- the potential benefits and costs of action or lack of action,
- 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 organisations. The arrangements for Union cooperation may be the subject of agreements between the Union and the third parties concerned.
The previous subparagraph shall be without prejudice to Member States' competence to negotiate in international bodies and to conclude international agreements.

21. Polluter pays principle
No legal definition in EU law!
Derogations:
Art. 177 TFEU  possibility to obtain funding
Art. 192 (5) TFEU:
Without prejudice to the principle that the polluter should pay, if a measure based on the provisions of paragraph 1 involves costs deemed disproportionate for the public authorities of a Member State, such measure shall lay down appropriate provisions in the form of:
- temporary derogations, and/or
- financial support from the Cohesion Fund set up pursuant to Article 177.

22. Polluter pays principle
Habitat Directive (92/43/EC)
Whereas it is recognized that the adoption of measures intended to promote the conservation of priority natural habitats and priority species of Community interest is a common responsibility of all Member States; whereas this may, however, impose an excessive financial burden on certain Member States given, on the one hand, the uneven distribution of such habitats and species throughout the Community and, on the other hand, the fact that the "polluter pays" principle can have only limited application in the special case of nature conservation;

23. Polluter pays principle
Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage
Article 1.
The purpose of this Directive is to establish a framework of environmental liability based on the "polluter-pays" principle, to prevent and remedy environmental damage.

24. Polluter pays principle
Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives 
Article 14
1.   In accordance with the polluter-pays principle, the costs of waste management shall be borne by the original waste producer or by the current or previous waste holders.
2.   Member States may decide that the costs of waste management are to be borne partly or wholly by the producer of the product from which the waste came and that the distributors of such product may share these costs.

25. Polluter pays principle
Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy
Article 9
1. Member States shall take account of the principle of recovery of the costs of water services, including environmental and resource costs, having regard to the economic analysis conducted according to Annex III, and in accordance in particular with the polluter pays principle

26. Good luck on the test! 