European Union
Environmental Law and Policy
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THE CONSTITUTIVE AND AMENDING
TREATIES
OBJECTIVES; PRINCIPLES; LEGAL BASIS
EU Environmental Law and Policy
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1957 European Economic Community Treaty
• Legal basis
• Article 235
• Article 100
EU Environmental Law and Policy
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 Case C-240/83 Procureur de la République v
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Association de Défense de Bruleurs de Huiles
Usagées
Essential objective
Case C-302/86 Commission v Denmark
Protection of the environment
Mandatory requirement
Proportionality
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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
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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 Policy
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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,
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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).
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1.
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3.
4.
Article 191(2) TFEU
Principles:
Precautionary principle,
Preventive action,
Rectification of environmental damage at source,
Polluter pays
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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
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- 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).
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• 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.
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 Article 114 TFEU:
 Approximation of laws for the attainment of the
internal market
 Subsidiarity
 Article 5 TFEU
 Substitution and Producer Responsibility Principles
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 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 Lisbon
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 Article 3 TEU Objectives
 New Article 4(2)(e) Shared competence
 New Article 13 TFEU Animal Welfare
 Animals - sentient beings – Treaty basis
 Article 191(2) – New - Climate change
 New Title XXI Energy
 Article 194 TFEU
2007 Treaty of Lisbon
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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;
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2007 Treaty of Lisbon
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(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.