Natura 2000 is an ecological network on protected areas, based on the Habitats Directive and the Birds Directive of the European Union.
Among the summaries of EU legislation, the European Commission offers some background about conservation on the page Natural habitats (Natura 2000) (latest update 1 August 2008).
The latest development is a package of extensions of conservation areas.
The Official Journal of the European Union L 30 published 2 February 2010 is a hefty issue of 566 pages, dedicated to the 22 December 2009 decisions by the European Commission on updated and expanded lists of Natura 2000 sites, in the following biogeographical regions (OJEU 2.2.2010 L 30/1):
• Alpine
• Atlantic
• Continental
• Mediterranean
• Boreal
The consolidated version of the Habitats Directive 92/43 is of 1 January 2007, officially:
COUNCIL DIRECTIVE 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora
Biodiversity is on the agenda of the Commission, which has published a Communication: What next for biodiversity protection in the EU? (19 January 2010; IP/10/32).
Ralf Grahn
P.S. Cross-border communication is a necessity in the European Union and beyond, with scrutiny by active citizens. At the same time Euroblogs are an agreeable way to brush up one’s skills in foreign languages.
European Union Law in English and its sister blog in Bulgarian are written by the lawyer Vihar Georgiev, who serves his readers with quick updates on new legal acts, decisions and other developments in EU law.
European Union Law is listed among 522 great Euroblogs (at the latest count) on growing multilingual Bloggingportal.eu, your useful one-stop-shop for fact, opinion and gossip on European affairs, i.a. politics, more than thirty policy areas, communication, economics, finance, business, civil society and law.
If you are interested in the EU or the euroblogosphere, you can also subscribe to the RSS feed for new blog posts appearing on Bloggingportal.eu.
By the way, I also discuss European issues in Finnish on Eurooppaoikeus and in Swedish on Grahnblawg.
Showing posts with label environment. Show all posts
Showing posts with label environment. Show all posts
Tuesday, 2 February 2010
Tuesday, 26 January 2010
New EU Birds Directive 2009/147
One of the classics of environmental legislation, the European Union’s Birds Directive 79/409 has been codified for the sake of clarity and officially replaced by a new Directive:
DIRECTIVE 2009/147/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 November 2009 on the conservation of wild birds (codified version); Official Journal of the European Union (OJEU) 26.1.2010 L 20/7
Codification
Within the framework of better regulation, this is how the European Commission’s glossary explains the meaning of codification:
The Legal service of the Commission offers additional information about codification.
A Worker Reads History?
Bertolt Brecht wrote the poem Fragen eines lesenden Arbeiters (A Worker Reads History), where he questioned the traditional presentation of historical events through great men.
For some reason Brecht’s poem occurred to me, when I wondered if a Directive with most of the substance annexed in Latin can be said to have been published in the official languages of the European Union (and its member states).
Ralf Grahn
P.S. Christian Engström, Pirate MEP, challenges established interests and business models by presenting the views of the Pirate Party on reforming the protection of intellectual property rights (IPR). The blog posts are in Swedish or English.
Christian Engström’s blog is listed with more than 500 great Euroblogs on growing multilingual Bloggingportal.eu, your useful one-stop-shop for fact, opinion and gossip on European affairs, i.a. politics, policies, communication, economics, finance, business, civil society and law. You can also subscribe to the RSS feed for new blog posts appearing on Bloggingportal.eu.
This is the one year anniversary of Bloggingportal.eu. During this first year the number of blogs almost doubled.
By the way, I also discuss European issues in Finnish on Eurooppaoikeus and in Swedish on Grahnblawg.
DIRECTIVE 2009/147/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 November 2009 on the conservation of wild birds (codified version); Official Journal of the European Union (OJEU) 26.1.2010 L 20/7
Codification
Within the framework of better regulation, this is how the European Commission’s glossary explains the meaning of codification:
Codification
In a wide sense, used in some Member States, codification means gathering all legislation on a particular topic into a single "book" (e.g. penal code). In a narrow sense, and as used in the EU context, codification consists of the adoption of a new legislative act which incorporates and repeals the previous ones (i.e. the basic act and all amending acts). This makes the law clearer and more easily accessible without changing its substance.
The Legal service of the Commission offers additional information about codification.
A Worker Reads History?
Bertolt Brecht wrote the poem Fragen eines lesenden Arbeiters (A Worker Reads History), where he questioned the traditional presentation of historical events through great men.
For some reason Brecht’s poem occurred to me, when I wondered if a Directive with most of the substance annexed in Latin can be said to have been published in the official languages of the European Union (and its member states).
Ralf Grahn
P.S. Christian Engström, Pirate MEP, challenges established interests and business models by presenting the views of the Pirate Party on reforming the protection of intellectual property rights (IPR). The blog posts are in Swedish or English.
Christian Engström’s blog is listed with more than 500 great Euroblogs on growing multilingual Bloggingportal.eu, your useful one-stop-shop for fact, opinion and gossip on European affairs, i.a. politics, policies, communication, economics, finance, business, civil society and law. You can also subscribe to the RSS feed for new blog posts appearing on Bloggingportal.eu.
This is the one year anniversary of Bloggingportal.eu. During this first year the number of blogs almost doubled.
By the way, I also discuss European issues in Finnish on Eurooppaoikeus and in Swedish on Grahnblawg.
Friday, 5 June 2009
Baltic Sea report (Finland)
The Baltic Sea joins eight member of the European Union and Russia. The EU is preparing a Baltic Sea strategy, geared towards economic opportunities.
The government of Finland has prepared a national report, which deals with the marine environment, marine traffic and economic cooperation.
Here is the text of the Finnish government’s press release:
Government Communications Unit
5.6.2009 12.05
Government outlined measures to save the Baltic Sea
At its plenary session on Friday 5 June, the Government approved a report on measures to improve the marine environment of the Baltic Sea, to increase the safety of marine traffic and to strengthen economic cooperation.
The report concentrates on actions that, for Finland, are the most important and most urgent in terms of the Baltic Sea. The most serious problem concerning the Baltic Sea is eutrophication, which is most visible in the form of water surface algal proliferations recurring every summer. To stop eutrophication, measures to reduce the nutrient load from households, industry and agriculture are needed.
In Finland, agriculture accounts for the largest burden on water bodies. The Government proposes in the report measures that will decrease the nutrient load from agriculture in Finland in the next few years. This will take place especially by means of a more careful targeting of agri-environmental support at the most risk-prone areas and field parcels.
The higher traffic volumes in oil and chemical transports and passenger traffic, particularly in the narrow Gulf of Finland, increase accidents risks. The report outlines measures to improve the safety of marine traffic and to prevent accidents in advance. Oil-spill response capabilities will be enhanced by drawing up concrete plans together with Sweden, Estonia and Russia in order to correct shortfalls in equipment, for example.
For Finland, the Baltic Sea region is also an economic opportunity and a route for transports and energy. These issues are treated comprehensively in the EU Strategy for the Baltic Sea Region, currently under preparation. The Government report focuses on economic issues that are the most important for Finland, such as the promotion of the business environment of Finnish companies in the Baltic Sea countries.
The EU Strategy for the Baltic Sea Region forms a central instrument for Finland’s Baltic Sea policy and a channel for exerting influence. The achievement of concrete results concerning the Baltic Sea calls for parallel and simultaneous measures and close cooperation with all countries in the Baltic Sea region. The Northern Dimension provides a functional forum for Baltic Sea cooperation with non-EU countries, particularly Russia.
Further information: Kare Halonen, State Secretary for EU Affairs, Government Secretariat for EU Affairs, tel. +358 9 1602 2180 and Mikaela Grönqvist, Special Adviser, Ministry of the Interior, tel. +358 9 1604 3511
***
Report
The Report is addressed to the Parliament of Finland: Itämeren haasteet ja Itämeripolitiikka. Hallistuksen selonteko (in Finnish).
In Swedish: Östersjöns utmaningar och Östersjöpolitiken. Statsrådets redogörelse
Ralf Grahn
The government of Finland has prepared a national report, which deals with the marine environment, marine traffic and economic cooperation.
Here is the text of the Finnish government’s press release:
Government Communications Unit
5.6.2009 12.05
Government outlined measures to save the Baltic Sea
At its plenary session on Friday 5 June, the Government approved a report on measures to improve the marine environment of the Baltic Sea, to increase the safety of marine traffic and to strengthen economic cooperation.
The report concentrates on actions that, for Finland, are the most important and most urgent in terms of the Baltic Sea. The most serious problem concerning the Baltic Sea is eutrophication, which is most visible in the form of water surface algal proliferations recurring every summer. To stop eutrophication, measures to reduce the nutrient load from households, industry and agriculture are needed.
In Finland, agriculture accounts for the largest burden on water bodies. The Government proposes in the report measures that will decrease the nutrient load from agriculture in Finland in the next few years. This will take place especially by means of a more careful targeting of agri-environmental support at the most risk-prone areas and field parcels.
The higher traffic volumes in oil and chemical transports and passenger traffic, particularly in the narrow Gulf of Finland, increase accidents risks. The report outlines measures to improve the safety of marine traffic and to prevent accidents in advance. Oil-spill response capabilities will be enhanced by drawing up concrete plans together with Sweden, Estonia and Russia in order to correct shortfalls in equipment, for example.
For Finland, the Baltic Sea region is also an economic opportunity and a route for transports and energy. These issues are treated comprehensively in the EU Strategy for the Baltic Sea Region, currently under preparation. The Government report focuses on economic issues that are the most important for Finland, such as the promotion of the business environment of Finnish companies in the Baltic Sea countries.
The EU Strategy for the Baltic Sea Region forms a central instrument for Finland’s Baltic Sea policy and a channel for exerting influence. The achievement of concrete results concerning the Baltic Sea calls for parallel and simultaneous measures and close cooperation with all countries in the Baltic Sea region. The Northern Dimension provides a functional forum for Baltic Sea cooperation with non-EU countries, particularly Russia.
Further information: Kare Halonen, State Secretary for EU Affairs, Government Secretariat for EU Affairs, tel. +358 9 1602 2180 and Mikaela Grönqvist, Special Adviser, Ministry of the Interior, tel. +358 9 1604 3511
***
Report
The Report is addressed to the Parliament of Finland: Itämeren haasteet ja Itämeripolitiikka. Hallistuksen selonteko (in Finnish).
In Swedish: Östersjöns utmaningar och Östersjöpolitiken. Statsrådets redogörelse
Ralf Grahn
Thursday, 21 May 2009
EU: Genetically modified micro-organisms (GMMs)
On the basis of Article 175(1) of the Treaty establishing the European Community (TEC) a recast Directive has been issued on the contained use of GMMs:
Directive 2009/41/EC of the European Parliament and of the Council of 6 May 2009 on the contained use of genetically modified micro-organisms (Recast).
This text, with EEA relevance, was published in the Official Journal of the European Union (OJEU) 21.5.2009 L 125/75.
The aim of Directive 2009/41 is:
Article 1
This Directive lays down common measures for the contained use of genetically modified micro-organisms with a view to protecting human health and the environment.
Ralf Grahn
Directive 2009/41/EC of the European Parliament and of the Council of 6 May 2009 on the contained use of genetically modified micro-organisms (Recast).
This text, with EEA relevance, was published in the Official Journal of the European Union (OJEU) 21.5.2009 L 125/75.
The aim of Directive 2009/41 is:
Article 1
This Directive lays down common measures for the contained use of genetically modified micro-organisms with a view to protecting human health and the environment.
Ralf Grahn
EU: European Environment Agency
The environment is increasingly seen as an important area, with common challenges facing Europe and the world.
Article 174 of the Treaty establishing the European Community (TEC) lays down the objectives of the European Union’s environment policy, and Article 175 TEC is the legal base for the adoption of measures to achieve the objectives.
As in other policy areas, practical work at European level has been delegated to a Community Agency.
The European Environment Agency (EEA), located in Copenhagen (Denmark), has now been given a new codified Regulation:
Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (Codified version), published in the Official Journal of the European Union (OJEU) 21.5.2009 L 126/13.
Scope
The scope of the codified Regulation 401/2009 is:
Article 1
1. This Regulation provides for the European Environment Agency, hereinafter referred to as ‘the Agency’, and aims at the setting up of a European Environment Information and Observation Network.
2. To achieve the aims of environmental protection and improvement laid down by the Treaty and by successive Community action programmes on the environment, as well as of sustainable development, the objective of the Agency and of the European Environment Information and Observation Network shall be to provide the Community and the Member States with:
(a) objective, reliable and comparable information at European level enabling them to take the requisite measures to protect the environment, to assess the results of such measures and to ensure that the public is properly informed about the state of the environment, and to that end;
(b) the necessary technical and scientific support.
Ralf Grahn
Article 174 of the Treaty establishing the European Community (TEC) lays down the objectives of the European Union’s environment policy, and Article 175 TEC is the legal base for the adoption of measures to achieve the objectives.
As in other policy areas, practical work at European level has been delegated to a Community Agency.
The European Environment Agency (EEA), located in Copenhagen (Denmark), has now been given a new codified Regulation:
Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (Codified version), published in the Official Journal of the European Union (OJEU) 21.5.2009 L 126/13.
Scope
The scope of the codified Regulation 401/2009 is:
Article 1
1. This Regulation provides for the European Environment Agency, hereinafter referred to as ‘the Agency’, and aims at the setting up of a European Environment Information and Observation Network.
2. To achieve the aims of environmental protection and improvement laid down by the Treaty and by successive Community action programmes on the environment, as well as of sustainable development, the objective of the Agency and of the European Environment Information and Observation Network shall be to provide the Community and the Member States with:
(a) objective, reliable and comparable information at European level enabling them to take the requisite measures to protect the environment, to assess the results of such measures and to ensure that the public is properly informed about the state of the environment, and to that end;
(b) the necessary technical and scientific support.
Ralf Grahn
Saturday, 17 January 2009
EU Law: Higher environmental standards
When the European Community (European Union) sets standards for environmental protection, these do not prevent the “progressive” member states from maintaining or introducing more stringent environmental protection measures.
This is the soothing message European politicians can convey to the more environmentally conscious electorates.
We look at how this is set out at treaty level in EU law.
***
Article 176 TEC
Article 176 (ex Article 130t) of the current Treaty establishing the European Community (TEC) refers to the environmental protection measures adopted according to the preceding Article 175 TEC in order to achieve the European Community’s (European Union’s) environmental objectives (Article 174 TEC).
Even if the European Community has adopted protective measures, i.e. set certain environmental standards pursuant to Article 175 TEC, each member state can choose to retain its existing higher standards of protection and it is even allowed to introduce new and higher levels of protection.
These higher national standards have to be compatible with the treaty, and they have to be notified to the Commission.
.
Here is Article 176 TEC, as published in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/125:
(TITLE XIX
ENVIRONMENT)
Article 176 TFEU
The protective measures adopted pursuant to Article 175 shall not prevent any Member State from maintaining or introducing more stringent protective measures. Such measures must be compatible with this Treaty. They shall be notified to the Commission.
***
Original Lisbon Treaty (ToL)
Article 2, point 144 amended Article 175 and point 145 concerned the following Title XX Development cooperation (OJEU 17.12.2007 C 306/87).
In other words, there was no specific amendment with regard to Article 176 TEC.
***
Renumbering the Treaty of Lisbon (ToL)
(The Table of equivalences of the original Treaty of Lisbon tells us that Title XIX Environment retained its name and number in the TFEU (ToL), but it was later renumbered Title XX Environment in the consolidated version of the Lisbon Treaty.)
Article 176 TEC first became Article 176 TFEU (ToL), but was then renumbered Article 193 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/218).
***
Lisbon Treaty consolidated
Article 193 TFEU
After renumbering the Article and the referral, Article 193 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/134):
(TITLE XX
ENVIRONMENT)
Article 193 TFEU
(ex Article 176 TEC)
The protective measures adopted pursuant to Article 192 shall not prevent any Member State from maintaining or introducing more stringent protective measures. Such measures must be compatible with the Treaties. They shall be notified to the Commission.
***
Shared competence
We use the consolidated Lisbon Treaty to illustrate the question of competence. In the general scheme of things, Article 4(2)(e) TFEU sorts the environment among the areas of shared competence.
When the competence in an area is shared between the European Union and the member states, the member states can generally exercise their legislative competence only to the extent that the EU has not exercised its competence. See Article 2(2) TFEU.
Against this background, Article 193 TFEU is an exception. The European Union has filled the void by adopting protective measures and thus exercised its competence, but more stringent national standards – old and new – are still allowed.
(The stated Article 193 TFEU exception may be more significant as an indication of the importance attributed to environmental protection than in practice, because many EU measures are designed as minimum standards anyway and environmental protection is often enacted through Directives, which strive for harmonisation at the lower end of the EU, leaving the more “progressive” member states scope to apply more stringent norms.)
Ralf Grahn
This is the soothing message European politicians can convey to the more environmentally conscious electorates.
We look at how this is set out at treaty level in EU law.
***
Article 176 TEC
Article 176 (ex Article 130t) of the current Treaty establishing the European Community (TEC) refers to the environmental protection measures adopted according to the preceding Article 175 TEC in order to achieve the European Community’s (European Union’s) environmental objectives (Article 174 TEC).
Even if the European Community has adopted protective measures, i.e. set certain environmental standards pursuant to Article 175 TEC, each member state can choose to retain its existing higher standards of protection and it is even allowed to introduce new and higher levels of protection.
These higher national standards have to be compatible with the treaty, and they have to be notified to the Commission.
.
Here is Article 176 TEC, as published in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/125:
(TITLE XIX
ENVIRONMENT)
Article 176 TFEU
The protective measures adopted pursuant to Article 175 shall not prevent any Member State from maintaining or introducing more stringent protective measures. Such measures must be compatible with this Treaty. They shall be notified to the Commission.
***
Original Lisbon Treaty (ToL)
Article 2, point 144 amended Article 175 and point 145 concerned the following Title XX Development cooperation (OJEU 17.12.2007 C 306/87).
In other words, there was no specific amendment with regard to Article 176 TEC.
***
Renumbering the Treaty of Lisbon (ToL)
(The Table of equivalences of the original Treaty of Lisbon tells us that Title XIX Environment retained its name and number in the TFEU (ToL), but it was later renumbered Title XX Environment in the consolidated version of the Lisbon Treaty.)
Article 176 TEC first became Article 176 TFEU (ToL), but was then renumbered Article 193 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/218).
***
Lisbon Treaty consolidated
Article 193 TFEU
After renumbering the Article and the referral, Article 193 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/134):
(TITLE XX
ENVIRONMENT)
Article 193 TFEU
(ex Article 176 TEC)
The protective measures adopted pursuant to Article 192 shall not prevent any Member State from maintaining or introducing more stringent protective measures. Such measures must be compatible with the Treaties. They shall be notified to the Commission.
***
Shared competence
We use the consolidated Lisbon Treaty to illustrate the question of competence. In the general scheme of things, Article 4(2)(e) TFEU sorts the environment among the areas of shared competence.
When the competence in an area is shared between the European Union and the member states, the member states can generally exercise their legislative competence only to the extent that the EU has not exercised its competence. See Article 2(2) TFEU.
Against this background, Article 193 TFEU is an exception. The European Union has filled the void by adopting protective measures and thus exercised its competence, but more stringent national standards – old and new – are still allowed.
(The stated Article 193 TFEU exception may be more significant as an indication of the importance attributed to environmental protection than in practice, because many EU measures are designed as minimum standards anyway and environmental protection is often enacted through Directives, which strive for harmonisation at the lower end of the EU, leaving the more “progressive” member states scope to apply more stringent norms.)
Ralf Grahn
Friday, 16 January 2009
European Union: Environmental legislation
The Treaty establishing the European Community (TEC) sets out co-decision with full participation of the European Parliament as the norm in environmental legislation, but by way of derogation (exception) sensitive areas have been kept under the unanimity rule.
The Treaty of Lisbon rephrases this two-pronged approach, without altering the substance.
***
Article 175 TEC
Article 175 (ex Article 130s) of the current Treaty establishing the European Community (TEC) builds on the environmental aims of the European Community (European Union) in the preceding Article, namely to contribute to:
— 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.
The main rule on legislation is straightforward: the co-decision procedure (paragraph 1).
Harmonisation (approximation) of laws based on the internal market objectives of free movement of goods, persons, services and capital according to Article 95 TEC (referring to Article 14 TEC) is unaffected.
In sensitive areas, the member states have not been able to accept the co-decision procedure unanimously during the intergovernmental conferences. They have landed a political compromise with regard to the measures mentioned in the second paragraph of Article 175 TEC. By way of a derogation from paragraph 1, these measures have to enacted unanimously, but as a consolation to more “progressive” member states, the second subparagraph of paragraph 2 opens up the possibility to move to qualified majority voting by unanimous decision.
General environmental action programmes outside the scope of paragraph 2 are adopted by co-decision and the implementing, but implementing measures are adopted by the Council either by qualified majority voting (QMV; paragraph 1) or unanimously (paragraph 2).
Costs for environmental policies are, as a rule, borne by the member states, although temporary derogations or Cohesion Fund financing may be granted in certain cases.
Here is Article 175 TEC, as published in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/124–125:
(TITLE XIX
ENVIRONMENT)
Article 175 TEC
1. The Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee and the Committee of the Regions, shall decide what action is to be taken by the Community in order to achieve the objectives referred to in Article 174.
2. By way of derogation from the decision-making procedure provided for in paragraph 1 and without prejudice to Article 95, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, the Economic and Social Committee and the Committee of the Regions, shall adopt:
(a) provisions primarily of a fiscal nature;
(b) measures affecting:
— town and country planning,
— 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.
The Council may, under the conditions laid down in the first subparagraph, define those matters referred to in this paragraph on which decisions are to be taken by a qualified majority.
3. In other areas, general action programmes setting out priority objectives to be attained shall be adopted by the Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee and the Committee of the Regions.
The Council, acting under the terms of paragraph 1 or paragraph 2 according to the case, shall adopt the measures necessary for the implementation of these programmes.
4. Without prejudice to certain measures of a Community nature, the Member States shall finance and implement the environment policy.
5. 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, the Council shall, in the act adopting that measure, lay down appropriate provisions in the form of:
— temporary derogations, and/or
— financial support from the Cohesion Fund set up pursuant to Article 161.
***
Original Lisbon Treaty (ToL)
Article 2, point 144 amended Article 175 (OJEU 17.12.2007 C 306/87):
144) Article 175 shall be amended as follows:
(a) in paragraph 2, the second subparagraph shall be replaced by the following:
‘The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, the Economic and Social Committee and the Committee of the Regions, may make the ordinary legislative procedure applicable to the matters referred to in the first subparagraph.’;
(b) in the first subparagraph of paragraph 3, the words ‘In other areas,’ shall be deleted and the second subparagraph shall be replaced by the following:
‘The measures necessary for the implementation of these programmes shall be adopted under the terms of paragraph 1 or 2, as the case may be.’;
(c) in paragraph 4, the words ‘certain measures of a Community nature,’ shall be replaced by ‘certain measures adopted by the Union’;
(d) in paragraph 5, the words ‘the Council shall, in the act adopting that measure, lay down’
shall be replaced by ‘such measure shall lay down’.
***
Renumbering the Treaty of Lisbon (ToL)
(The Table of equivalences of the original Treaty of Lisbon tells us that Title XIX Environment retained its name and number in the TFEU (ToL), but it was later renumbered Title XX Environment in the consolidated version of the Lisbon Treaty.)
Article 175 TEC first became Article 175 TFEU (ToL), but was then renumbered Article 192 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/218).
***
Lisbon Treaty consolidated
Article 192 TFEU
After renumbering and amendments, Article 192 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/133–134):
(TITLE XX
ENVIRONMENT)
Article 192 TFEU
(ex Article 175 TEC)
1. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions, shall decide what action is to be taken by the Union in order to achieve the objectives referred to in Article 191.
2. By way of derogation from the decision-making procedure provided for in paragraph 1 and without prejudice to Article 114, the Council acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament, the Economic and Social Committee and the Committee of the Regions, shall adopt:
(a) provisions primarily of a fiscal nature;
(b) measures affecting:
— town and country planning,
— 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.
The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, the Economic and Social Committee and the Committee of the Regions, may make the ordinary legislative procedure applicable to the matters referred to in the first subparagraph.
3. General action programmes setting out priority objectives to be attained shall be adopted by the European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions.
The measures necessary for the implementation of these programmes shall be adopted under the terms of paragraph 1 or 2, as the case may be.
4. Without prejudice to certain measures adopted by the Union, the Member States shall finance and implement the environment policy.
5. 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.
***
Summaries of legislation
The Commission’s Scadplus pages offer summaries of Community environmental legislation, with links to General provisions, Sustainable development, Climate change, Waste Management, Air pollution, Water protection and management, Protection of nature and biodiversity, Soil protection, Chemical products, Civil protection, Noise pollution and Environment: Cooperation with third countries, as well as hotly debated issues such as CO2 emission limits on new vehicles and Tackling climate change:
http://europa.eu/scadplus/leg/en/s15000.htm
***
Commission activities
Commission news and activities can be accessed on and through the home page of Directorate-General Environment and Commissioner Stavros Dimas:
http://ec.europa.eu/environment/index_en.htm
Ralf Grahn
The Treaty of Lisbon rephrases this two-pronged approach, without altering the substance.
***
Article 175 TEC
Article 175 (ex Article 130s) of the current Treaty establishing the European Community (TEC) builds on the environmental aims of the European Community (European Union) in the preceding Article, namely to contribute to:
— 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.
The main rule on legislation is straightforward: the co-decision procedure (paragraph 1).
Harmonisation (approximation) of laws based on the internal market objectives of free movement of goods, persons, services and capital according to Article 95 TEC (referring to Article 14 TEC) is unaffected.
In sensitive areas, the member states have not been able to accept the co-decision procedure unanimously during the intergovernmental conferences. They have landed a political compromise with regard to the measures mentioned in the second paragraph of Article 175 TEC. By way of a derogation from paragraph 1, these measures have to enacted unanimously, but as a consolation to more “progressive” member states, the second subparagraph of paragraph 2 opens up the possibility to move to qualified majority voting by unanimous decision.
General environmental action programmes outside the scope of paragraph 2 are adopted by co-decision and the implementing, but implementing measures are adopted by the Council either by qualified majority voting (QMV; paragraph 1) or unanimously (paragraph 2).
Costs for environmental policies are, as a rule, borne by the member states, although temporary derogations or Cohesion Fund financing may be granted in certain cases.
Here is Article 175 TEC, as published in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/124–125:
(TITLE XIX
ENVIRONMENT)
Article 175 TEC
1. The Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee and the Committee of the Regions, shall decide what action is to be taken by the Community in order to achieve the objectives referred to in Article 174.
2. By way of derogation from the decision-making procedure provided for in paragraph 1 and without prejudice to Article 95, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, the Economic and Social Committee and the Committee of the Regions, shall adopt:
(a) provisions primarily of a fiscal nature;
(b) measures affecting:
— town and country planning,
— 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.
The Council may, under the conditions laid down in the first subparagraph, define those matters referred to in this paragraph on which decisions are to be taken by a qualified majority.
3. In other areas, general action programmes setting out priority objectives to be attained shall be adopted by the Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee and the Committee of the Regions.
The Council, acting under the terms of paragraph 1 or paragraph 2 according to the case, shall adopt the measures necessary for the implementation of these programmes.
4. Without prejudice to certain measures of a Community nature, the Member States shall finance and implement the environment policy.
5. 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, the Council shall, in the act adopting that measure, lay down appropriate provisions in the form of:
— temporary derogations, and/or
— financial support from the Cohesion Fund set up pursuant to Article 161.
***
Original Lisbon Treaty (ToL)
Article 2, point 144 amended Article 175 (OJEU 17.12.2007 C 306/87):
144) Article 175 shall be amended as follows:
(a) in paragraph 2, the second subparagraph shall be replaced by the following:
‘The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, the Economic and Social Committee and the Committee of the Regions, may make the ordinary legislative procedure applicable to the matters referred to in the first subparagraph.’;
(b) in the first subparagraph of paragraph 3, the words ‘In other areas,’ shall be deleted and the second subparagraph shall be replaced by the following:
‘The measures necessary for the implementation of these programmes shall be adopted under the terms of paragraph 1 or 2, as the case may be.’;
(c) in paragraph 4, the words ‘certain measures of a Community nature,’ shall be replaced by ‘certain measures adopted by the Union’;
(d) in paragraph 5, the words ‘the Council shall, in the act adopting that measure, lay down’
shall be replaced by ‘such measure shall lay down’.
***
Renumbering the Treaty of Lisbon (ToL)
(The Table of equivalences of the original Treaty of Lisbon tells us that Title XIX Environment retained its name and number in the TFEU (ToL), but it was later renumbered Title XX Environment in the consolidated version of the Lisbon Treaty.)
Article 175 TEC first became Article 175 TFEU (ToL), but was then renumbered Article 192 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/218).
***
Lisbon Treaty consolidated
Article 192 TFEU
After renumbering and amendments, Article 192 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/133–134):
(TITLE XX
ENVIRONMENT)
Article 192 TFEU
(ex Article 175 TEC)
1. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions, shall decide what action is to be taken by the Union in order to achieve the objectives referred to in Article 191.
2. By way of derogation from the decision-making procedure provided for in paragraph 1 and without prejudice to Article 114, the Council acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament, the Economic and Social Committee and the Committee of the Regions, shall adopt:
(a) provisions primarily of a fiscal nature;
(b) measures affecting:
— town and country planning,
— 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.
The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, the Economic and Social Committee and the Committee of the Regions, may make the ordinary legislative procedure applicable to the matters referred to in the first subparagraph.
3. General action programmes setting out priority objectives to be attained shall be adopted by the European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions.
The measures necessary for the implementation of these programmes shall be adopted under the terms of paragraph 1 or 2, as the case may be.
4. Without prejudice to certain measures adopted by the Union, the Member States shall finance and implement the environment policy.
5. 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.
***
Summaries of legislation
The Commission’s Scadplus pages offer summaries of Community environmental legislation, with links to General provisions, Sustainable development, Climate change, Waste Management, Air pollution, Water protection and management, Protection of nature and biodiversity, Soil protection, Chemical products, Civil protection, Noise pollution and Environment: Cooperation with third countries, as well as hotly debated issues such as CO2 emission limits on new vehicles and Tackling climate change:
http://europa.eu/scadplus/leg/en/s15000.htm
***
Commission activities
Commission news and activities can be accessed on and through the home page of Directorate-General Environment and Commissioner Stavros Dimas:
http://ec.europa.eu/environment/index_en.htm
Ralf Grahn
Thursday, 15 January 2009
EU Law: Environment policy objectives
Sustainable development is one of the fundamental principles of the European Community (European Union), both internally and internationally.
The environmental, economic and social aspects of sustainable development are clearly felt, when we look at the environment policy objectives of the European Union.
The Treaty of Lisbon underlines the importance of action against climate change (supported by an overwhelming scientific opinion, but with vocal opponents).
We look at the current and the Lisbon Treaty provisions on the EU’s environmental policy aims.
***
Article 174 TEC
Article 174 (ex Article 130r) of the current Treaty establishing the European Community (TEC) sets out the principal aims of European Community (European Union) environment policy, which can be read on their own in paragraph 1.
Paragraph 2 contains a number of important guiding principles for environmental legislation and action. Especially the following ones are worth mentioning:
– a high level of protection
– the precautionary principle
– preventive action
– rectification at source
– the polluter pays
The paragraph evokes the seriousness of environmental concerns by promising safeguard clauses allowing provisional measures, where appropriate and limited to non-economic reasons, as well as subject to control by the European Community.
Paragraph 3 raises expectations of rational decision making, based on scientific and technical data as well as economic and social facts and considerations.
International cooperation is an activity for both the European Community and for the member states (paragraph 4).
Here is Article 174 TEC, as published in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/123–124:
TITLE XIX
ENVIRONMENT
Article 174 TEC
1. Community policy on the environment shall contribute to pursuit of the following objectives:
— 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.
2. Community 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 Community. 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 Community inspection procedure.
3. In preparing its policy on the environment, the Community shall take account of:
— available scientific and technical data,
— environmental conditions in the various regions of the Community,
— the potential benefits and costs of action or lack of action,
— the economic and social development of the Community as a whole and the balanced development of its regions.
4. Within their respective spheres of competence, the Community and the Member States shall cooperate with third countries and with the competent international organisations. The arrangements for Community cooperation may be the subject of agreements between the Community and the third parties concerned, which shall be negotiated and concluded in accordance with Article 300.
The previous subparagraph shall be without prejudice to Member States' competence to negotiate in international bodies and to conclude international agreements.
***
Original Lisbon Treaty (ToL)
Article 2, point 143 amended Article 174 (OJEU 17.12.2007 C 306/87):
ENVIRONMENT (CLIMATE CHANGE)
143) Article 174 shall be amended as follows:
(a) in paragraph 1, the fourth indent shall be replaced by the following:
‘— promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change.’;
(b) in paragraph 2, second subparagraph, the words ‘Community inspection procedure’ shall be replaced by ‘a procedure of inspection by the Union’;
(c) in paragraph 4, first subparagraph, the last phrase ‘, which shall be negotiated and concluded in accordance with Article 300’ shall be deleted.
***
Renumbering the Treaty of Lisbon (ToL)
The Table of equivalences of the original Treaty of Lisbon tells us that Title XIX Environment retained its name and number in the TFEU (ToL), but it was later renumbered Title XX Environment in the consolidated version of the Lisbon Treaty.
Article 174 TEC first became Article 174 TFEU (ToL), but was then renumbered Article 191 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/218).
***
Lisbon Treaty consolidated
Article 191 TFEU
The Article was renumbered and in a number of instances ‘Community’ was replaced by ‘Union’ according to the horizontal amendment mentioned in Article 2, point 2(a) on OJEU page 42 of the original Treaty of Lisbon.
The political change desired by the intergovernmental conference (IGC 2007) was adding ‘and in particular combating climate change’ to the regional and worldwide environmental problems at international level.
Environmental policy already includes action against climate change, but the IGC 2007 felt a need to underline its commitment. The provision does not add EU powers, but growing realisation of the need to act and added emphasis may lead to more concerted action. In this respect the amendment can be called substantive.
Article 191 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/132–133):
TITLE XX
ENVIRONMENT
Article 191 TFEU
(ex Article 174 TEC)
1. Union policy on the environment shall contribute to pursuit of the following objectives:
— 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, and in particular combating climate change.
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.
***
Sustainable development
Preamble TEU
The Lisbon Treaty rests on the principle of sustainable development – balancing its environmental, economic and social aspects – as evoked by the Preamble of the Treaty on European Union (TEU):
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.
Article 3 TEU
Sustainable development is mentioned among the aims of the European Union in Article 3(3) TEU:
3. 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.
International relations
Internationally the European Union has pledged to promote sustainable development, as seen in Article 3(5) TEU:
5. 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.
In its international relations, the European Union pursues common policies and actions in order to foster the sustainable economic, social and environmental development of developing countries, with the primary aim of eradicating poverty. Cf. Article 21(2)(d) and (f) TEU.
***
Horizontal clause
One of the horizontal clauses of the Treaty on the Functioning of the European Union (TFEU) is Article 11, which peremptorily declares that environmental protection requirements must be integrated into EU policies and activities:
Article 11 TFEU
(ex Article 6 TEC)
Environmental protection requirements must be integrated into the definition and implementation of the Union policies and activities, in particular with a view to promoting sustainable development.
***
EU competence
In the general scheme of things, EU competence in the area of environment is set out in the following way:
Against the background of Article 2 TFEU, with the categories of European Union competence, Article 4(2)(e) TFEU mentions the environment as one of the areas of shared competence.
These general classifications are always subject to the more detailed provisions on certain policy areas.
Ralf Grahn
The environmental, economic and social aspects of sustainable development are clearly felt, when we look at the environment policy objectives of the European Union.
The Treaty of Lisbon underlines the importance of action against climate change (supported by an overwhelming scientific opinion, but with vocal opponents).
We look at the current and the Lisbon Treaty provisions on the EU’s environmental policy aims.
***
Article 174 TEC
Article 174 (ex Article 130r) of the current Treaty establishing the European Community (TEC) sets out the principal aims of European Community (European Union) environment policy, which can be read on their own in paragraph 1.
Paragraph 2 contains a number of important guiding principles for environmental legislation and action. Especially the following ones are worth mentioning:
– a high level of protection
– the precautionary principle
– preventive action
– rectification at source
– the polluter pays
The paragraph evokes the seriousness of environmental concerns by promising safeguard clauses allowing provisional measures, where appropriate and limited to non-economic reasons, as well as subject to control by the European Community.
Paragraph 3 raises expectations of rational decision making, based on scientific and technical data as well as economic and social facts and considerations.
International cooperation is an activity for both the European Community and for the member states (paragraph 4).
Here is Article 174 TEC, as published in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/123–124:
TITLE XIX
ENVIRONMENT
Article 174 TEC
1. Community policy on the environment shall contribute to pursuit of the following objectives:
— 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.
2. Community 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 Community. 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 Community inspection procedure.
3. In preparing its policy on the environment, the Community shall take account of:
— available scientific and technical data,
— environmental conditions in the various regions of the Community,
— the potential benefits and costs of action or lack of action,
— the economic and social development of the Community as a whole and the balanced development of its regions.
4. Within their respective spheres of competence, the Community and the Member States shall cooperate with third countries and with the competent international organisations. The arrangements for Community cooperation may be the subject of agreements between the Community and the third parties concerned, which shall be negotiated and concluded in accordance with Article 300.
The previous subparagraph shall be without prejudice to Member States' competence to negotiate in international bodies and to conclude international agreements.
***
Original Lisbon Treaty (ToL)
Article 2, point 143 amended Article 174 (OJEU 17.12.2007 C 306/87):
ENVIRONMENT (CLIMATE CHANGE)
143) Article 174 shall be amended as follows:
(a) in paragraph 1, the fourth indent shall be replaced by the following:
‘— promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change.’;
(b) in paragraph 2, second subparagraph, the words ‘Community inspection procedure’ shall be replaced by ‘a procedure of inspection by the Union’;
(c) in paragraph 4, first subparagraph, the last phrase ‘, which shall be negotiated and concluded in accordance with Article 300’ shall be deleted.
***
Renumbering the Treaty of Lisbon (ToL)
The Table of equivalences of the original Treaty of Lisbon tells us that Title XIX Environment retained its name and number in the TFEU (ToL), but it was later renumbered Title XX Environment in the consolidated version of the Lisbon Treaty.
Article 174 TEC first became Article 174 TFEU (ToL), but was then renumbered Article 191 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/218).
***
Lisbon Treaty consolidated
Article 191 TFEU
The Article was renumbered and in a number of instances ‘Community’ was replaced by ‘Union’ according to the horizontal amendment mentioned in Article 2, point 2(a) on OJEU page 42 of the original Treaty of Lisbon.
The political change desired by the intergovernmental conference (IGC 2007) was adding ‘and in particular combating climate change’ to the regional and worldwide environmental problems at international level.
Environmental policy already includes action against climate change, but the IGC 2007 felt a need to underline its commitment. The provision does not add EU powers, but growing realisation of the need to act and added emphasis may lead to more concerted action. In this respect the amendment can be called substantive.
Article 191 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/132–133):
TITLE XX
ENVIRONMENT
Article 191 TFEU
(ex Article 174 TEC)
1. Union policy on the environment shall contribute to pursuit of the following objectives:
— 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, and in particular combating climate change.
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.
***
Sustainable development
Preamble TEU
The Lisbon Treaty rests on the principle of sustainable development – balancing its environmental, economic and social aspects – as evoked by the Preamble of the Treaty on European Union (TEU):
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.
Article 3 TEU
Sustainable development is mentioned among the aims of the European Union in Article 3(3) TEU:
3. 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.
International relations
Internationally the European Union has pledged to promote sustainable development, as seen in Article 3(5) TEU:
5. 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.
In its international relations, the European Union pursues common policies and actions in order to foster the sustainable economic, social and environmental development of developing countries, with the primary aim of eradicating poverty. Cf. Article 21(2)(d) and (f) TEU.
***
Horizontal clause
One of the horizontal clauses of the Treaty on the Functioning of the European Union (TFEU) is Article 11, which peremptorily declares that environmental protection requirements must be integrated into EU policies and activities:
Article 11 TFEU
(ex Article 6 TEC)
Environmental protection requirements must be integrated into the definition and implementation of the Union policies and activities, in particular with a view to promoting sustainable development.
***
EU competence
In the general scheme of things, EU competence in the area of environment is set out in the following way:
Against the background of Article 2 TFEU, with the categories of European Union competence, Article 4(2)(e) TFEU mentions the environment as one of the areas of shared competence.
These general classifications are always subject to the more detailed provisions on certain policy areas.
Ralf Grahn
Tuesday, 26 February 2008
EU TFEU: Environmental protection
Environmental protection and sustainable development need action from the individual to the global level, with the European Union an increasingly important actor in between.
Every policy and activity of the EU can and should be scrutinised from these angles.
***
In the Treaty of Lisbon (ToL) the intergovernmental conference gives us this stirring lead in the Treaty establishing the European Community (TEC), renamed the Treaty on the Functioning of the European Union (TFEU). See OJ 17.12.2007 C 306/48:
19) In Article 6, the words ‘referred to in Article 3’ shall be deleted.
***
Should the Lisbon Treaty never enter into force, we have cause to be grateful for the incentive offered by the IGC 2007 to study the existing treaties we would be stuck with.
Here is Article 6 TEC (taken from the latest consolidated version of the current TEU and TEC, published in OJ 29.12.2006 C 321 E/46:
Article 6 TEC
Environmental protection requirements must be integrated into the definition and implementation
of the Community policies and activities referred to in Article 3, in particular with a view to
promoting sustainable development.
***
Bearing in mind that ’Community’ and ’European Community’ belong to the terms marked for extinction under horizontal amendments, and following the instructions handed out, we arrive at the following consolidated text, under Title II Provisions having general application (throughout the treaty):
Article 6 TFEU (ToL), after renumbering Article 11 TFEU
Environmental protection requirements must be integrated into the definition and implementation of the Union policies and activities, in particular with a view to promoting sustainable development.
***
Never mind that the current TEC and the agreed TFEU are substantially the same. Intrepid warriors want to know what that proponent of European democracy, Valéry Giscard d’Estaing, and the European Convention he led, proposed in the draft Treaty establishing a Constitution for Europe (OJ 18.7.2003 C 169/29):
Article III-4 Draft Constitution
Environmental protection requirements must be integrated into the definition and implementation of the Union policies and activities referred to in this Part, in particular with a view to promoting sustainable development.
***
What did the previous IGC 2004 agree on in the Treaty establishing a Constitution for Europe? A quick look in OJ 16.12.2004 C 310/55:
Article III-119 Constitution
Environmental protection requirements must be integrated into the definition and implementation of the policies and activities referred to in this Part, in particular with a view to promoting sustainable development.
***
Everybody should now be happy: The ones who contend that the Lisbon Treaty is practically the same as the Constitution (and the draft Constitution) can point to identical wording. Those who want to underline the pious rewording of an amending treaty find satisfaction in the substantial similarity between the TEC and the agreed TFEU.
Splendid!
***
What the Europa Glossary has to say about the environment:
http://europa.eu/scadplus/glossary/environment_en.htm
Further reading on the EU and environmental protection:
http://europa.eu/scadplus/leg/en/s15000.htm
For the Europa Glossary introduction to sustainable development:
http://europa.eu/scadplus/glossary/sustainable_development_en.htm
A primer on sustainable development:
http://europa.eu/scadplus/leg/en/s15001.htm
***
If sustainable development meets the needs of the present generation without compromising the ability of future generations to meet their own needs, there are least three important aspects to sustainability: environmental, economic and social-political.
Between the competing claims of growth and prosperity now on the one hand and needs of future generations on the other hand, European regulation and legislation is never going to be boring.
It might even merit the efforts of the best and the brightest.
Ralf Grahn
Every policy and activity of the EU can and should be scrutinised from these angles.
***
In the Treaty of Lisbon (ToL) the intergovernmental conference gives us this stirring lead in the Treaty establishing the European Community (TEC), renamed the Treaty on the Functioning of the European Union (TFEU). See OJ 17.12.2007 C 306/48:
19) In Article 6, the words ‘referred to in Article 3’ shall be deleted.
***
Should the Lisbon Treaty never enter into force, we have cause to be grateful for the incentive offered by the IGC 2007 to study the existing treaties we would be stuck with.
Here is Article 6 TEC (taken from the latest consolidated version of the current TEU and TEC, published in OJ 29.12.2006 C 321 E/46:
Article 6 TEC
Environmental protection requirements must be integrated into the definition and implementation
of the Community policies and activities referred to in Article 3, in particular with a view to
promoting sustainable development.
***
Bearing in mind that ’Community’ and ’European Community’ belong to the terms marked for extinction under horizontal amendments, and following the instructions handed out, we arrive at the following consolidated text, under Title II Provisions having general application (throughout the treaty):
Article 6 TFEU (ToL), after renumbering Article 11 TFEU
Environmental protection requirements must be integrated into the definition and implementation of the Union policies and activities, in particular with a view to promoting sustainable development.
***
Never mind that the current TEC and the agreed TFEU are substantially the same. Intrepid warriors want to know what that proponent of European democracy, Valéry Giscard d’Estaing, and the European Convention he led, proposed in the draft Treaty establishing a Constitution for Europe (OJ 18.7.2003 C 169/29):
Article III-4 Draft Constitution
Environmental protection requirements must be integrated into the definition and implementation of the Union policies and activities referred to in this Part, in particular with a view to promoting sustainable development.
***
What did the previous IGC 2004 agree on in the Treaty establishing a Constitution for Europe? A quick look in OJ 16.12.2004 C 310/55:
Article III-119 Constitution
Environmental protection requirements must be integrated into the definition and implementation of the policies and activities referred to in this Part, in particular with a view to promoting sustainable development.
***
Everybody should now be happy: The ones who contend that the Lisbon Treaty is practically the same as the Constitution (and the draft Constitution) can point to identical wording. Those who want to underline the pious rewording of an amending treaty find satisfaction in the substantial similarity between the TEC and the agreed TFEU.
Splendid!
***
What the Europa Glossary has to say about the environment:
http://europa.eu/scadplus/glossary/environment_en.htm
Further reading on the EU and environmental protection:
http://europa.eu/scadplus/leg/en/s15000.htm
For the Europa Glossary introduction to sustainable development:
http://europa.eu/scadplus/glossary/sustainable_development_en.htm
A primer on sustainable development:
http://europa.eu/scadplus/leg/en/s15001.htm
***
If sustainable development meets the needs of the present generation without compromising the ability of future generations to meet their own needs, there are least three important aspects to sustainability: environmental, economic and social-political.
Between the competing claims of growth and prosperity now on the one hand and needs of future generations on the other hand, European regulation and legislation is never going to be boring.
It might even merit the efforts of the best and the brightest.
Ralf Grahn
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