1. 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

2. 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.

3. 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

4. Principles of EU environmental policy
Article 174(2) of EC Treaty
high level of protection
precautionary principle
principle of preventive action
principle of rectification at source
polluter pays principle

5. 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.

6. 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.

7. 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

8. 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 non-compliance (through administrative or criminal sanctions)

9. 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)

10. Substantive environmental law
Main areas covered:
Water quality
Air quality
Noise control
Industrial pollution control
Waste prevention and management
Management of chemicals
Management of GMOs
Nature conservation and biodiversity

11. Procedural environmental law
Main instruments used:
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 decision-making
Access to justice in environmental matters

12. 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)

13. 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)

14. 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

15. Specific Directives on:
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)

16. 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

17. 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)

18. 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)

19. 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)

20. 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

21. 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

22. 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.”

23. 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

24. Public participation in decision-making
Directive on public participation in environmental decision-making (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

25. 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

26. 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.