Unit 2: What are the main regulations and laws for environmental protection at national and EU level?

Main regulations and laws concerning environmental protection at national level are acts and regulations compliant with the EU law. Main regulations concerning environmental protection at the EU level are the founding Treaties as primary law and Regulations, Directives, Decisions and Communications as secondary law. There are three sources of European Union law: primary law, secondary law and supplementary law. The main sources of primary law are the Treaties establishing the European Union. Secondary sources are legal instruments based on the Treaties and include unilateral secondary law and conventions and agreements. Supplementary sources are elements of law not provided for by the Treaties. This category includes Court of Justice case law, international law and general principles of law (see: http://europa.eu/legislation_summaries/institutional_affairs/decisionmaking_process/l14534_en.htm, access on 13.04.2015).

The most important of them include:

  1. The Treaty on the Functioning of the European Union Title XX ENVIRONMENT (Article 191 – 193):

The Treaty stipulates what are the European Union objectives in environmental policy and what competences the European Union institutions have in the field of environmental policy.

http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:12012E/TXT&from=EN

  1. Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions of 24 January 2001 on the sixth environment action programme of the European Community ‘Environment 2010: Our future, Our choice’ [COM(2001) 31final – Not published in the Official Journal].

The document defines the priorities and objectives of European environment policy up to 2010 and beyond. The main objective is to implement sustainable development strategy. To achieve this objective the activities to be taken in four areas are defined: climate change, nature and biodiversity, environment and health, sustainable use of natural resources and management of wastes.

http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52001DC0031&qid=1422955000125&from=EN

  1. European environment and health strategy of 11 June 2003 [COM (2003) 338final – Not published in the Official Journal].

This strategy is also called the SCALE initiative (Science, Children, Awareness, Legal instrument, Evaluation). It means that this strategy will be based on research, focus on children as the most threatened by environmental risk factors, rise awareness, use the legislation and will be based on continuous evaluation. The main objective of this strategy is to provide information about correlation between the state of the environment and human health to be able to prevent or reduce health threats caused by environmental risk factors.

http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52003DC0338&qid=1422954918901&from=EN

  1. Directive2004/35/EC 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

This directive describes how does the principle “polluter pays” work. It concentrates on administrative liability. The Directive 2004/35/EC is discussed in detail in Unit 7.

http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004L0035&qid=1422954856098&from=EN

  1. Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law.

This directive describes how does the principle “polluter pays” work. It concerns legal liability. The Directive 2008/99/EC is discussed in Unit 7.

http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32008L0099&qid=1422954776346&from=EN

  1. Communication of 8 October 2007 from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions, entitled: “Small, clean and competitive – A programme to help small and medium-sized enterprises comply with environmental legislation” [COM(2007) 379– Not published in the Official Journal]

This communication aims to help SME in optimal use of European Union legislation in the field of environment. To achieve this objective, according to the Communication better lawmaking, adaptation of environmental management systems to SME, assurance of suitable and sustainable financial support, development of local knowledge, better communication and more specified information are needed.

http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52007DC0379&qid=1422954630272&from=EN

  1. Regulation (EC) No1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/EC

This Regulation describes what is the eco-management and audit scheme (EMAS) and how to implement it. This document provides the information about registration of organization, obligations of registered organizations, the use of the EMAS logo, tasks of environmental verifiers and sanctions.

http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32009R1221&qid=1422954464376&from=EN

  1. Communication from the Commission: Agenda for a sustainable and competitive European tourism COM (2007) 621

The document defines threats in the tourism sector. In response to them the Agenda aims at: economic prosperity, social equity and cohesion, environmental protection and protection of cultural goods. These aims will be met among others through mobilization of subjects involved to create knowledge and share it, promotion of model tourist resorts, mobilization of European Union financial instruments and implementation of the ideas of sustainable development and competitiveness into main European Union polices.

http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52007DC0621&qid=1422954325913&from=EN