Environment policy: general principles and basic framework
The EU faces complex environmental issues, ranging from climate change and biodiversity loss to resource depletion and pollution. To address these issues, European environment policy follows the principles of precaution, prevention, rectifying pollution at source and ‘polluter pays’. In 2019, the Commission launched the European Green Deal, moving environmental concerns to the fore of EU policymaking.
Legal basis
Articles 11 and 191 to 193 of the Treaty on the Functioning of the European Union (TFEU) establish the EU as the competent body for environment policy. Its areas of action include air and water pollution, waste management and climate change.
Origins and development
A. International declarations
In 1972, the first UN Conference on the Human Environment took place in Stockholm. It placed environmental issues at the forefront of international concerns, and adopted principles for sound management of the environment, including the Stockholm Declaration and Action Plan for the Human Environment.
In 1992, the ‘Earth Summit’ was held in Rio de Janeiro. This conference led to the adoption of many influential declarations, such as the Agenda 21, the Rio Declaration, the United Nations Framework Convention on Climate Change (UNFCCC) and the Convention on Biological Diversity.
B. European Treaties
In 1972, the European Council, held in Paris, declared the need for a Community environment policy flanking economic policies, and called for an action programme to conserve and improve the environment and to combat pollution and nuisances.
In 1987, the Single European Act introduced a new ‘Environment Title’ (Title VII), which provided the first legal basis for a common environment policy. Its aims are to preserve the quality of the environment, protect human health and ensure rational use of natural resources. Subsequent treaty revisions strengthened the Community’s commitment to environmental protection and the role of the European Parliament in its development.
In 1993, the Treaty of Maastricht made the environment (Title XVI) an official EU policy area. It introduced the codecision procedure and made qualified majority voting in the Council the general rule. Moreover, it urged Member States to assess their environmental impact and uphold the principle of sustainable growth.
In 1999, Article 3c of the Treaty of Amsterdam mandated the integration of environmental protection into all EU sectoral policies so as to promote sustainable development.
In 2007, the Treaty of Lisbon made climate change and sustainable development a priority. It also granted the EU legal personality to conclude international agreements.
These advancements strengthened the EU’s role as a key actor on the global environmental front, leading the way with key initiatives such as the European Green Deal and the European Climate Law.
General principles
EU environment policy is based on four principles:
- Precaution: if an action or policy has the potential to cause harm to the environment or public health, and there is persisting scientific uncertainty about its effects, this action should not be applied until further evidence is provided;
- Prevention: a tool aimed at preventing environmental damage, rather than reacting to it. This requires preventive measures to be taken to anticipate and avoid environmental damage;
- Rectifying pollution at source: if damage to the environment has already occurred, the polluters are obliged to take the appropriate measures to remedy it at the point of origin;
- ‘Polluter pays’: if damage has occurred, the polluters are obliged to take the appropriate measures to remedy it and pay for the costs. It is implemented through the Environmental Liability Directive, which aims to prevent or otherwise remedy environmental damage to protected species or natural habitats, water and soil.
Basic framework
A. Environment Action Programmes
Since 1973, the Commission has issued multiannual Environment Action Programmes (EAPs) setting out forthcoming legislative proposals and goals for EU environment policy. In May 2022, the 8th EAP entered into force, as the EU’s legally agreed upon common agenda for environment policy until the end of 2030. It reiterates the seventh EAP’s vision for 2050: ensuring well-being for all, while staying within planetary boundaries.
The new programme endorses and builds on the environmental and climate objectives of the European Green Deal along six priority objectives:
- Achieving the 2030 greenhouse gas emission reduction target and climate neutrality by 2050;
- Enhancing adaptive capacity, strengthening resilience and reducing vulnerability to climate change;
- Advancing towards a regenerative growth model, decoupling economic growth from resource use and environmental degradation, and accelerating the transition to a circular economy;
- Pursuing a zero-pollution ambition, including for air, water and soil and protecting the health and well-being of Europeans;
- Protecting, preserving and restoring biodiversity, and enhancing natural capital (notably air, water, soil, forest, freshwater, wetland and marine ecosystems);
- Reducing environmental and climate pressures related to production and consumption (particularly in the areas of energy, industrial development, buildings and infrastructure, mobility and the food system).
B. Horizontal strategies
1. Sustainable development
The EU introduced its first sustainable development strategy (SDS) in 2001, thereby adding an environmental dimension to its Lisbon strategy. In response to the 2030 Agenda for Sustainable Development adopted by the UN in 2015, the Commission published a communication in 2016 entitled ‘Next steps for a sustainable European future – European action for sustainability’, outlining how to integrate the Sustainable Development Goals (SDGs) into EU policy priorities.
In January 2019, the Commission presented a reflection paper on the SDGs entitled ‘Towards a Sustainable Europe by 2030’, which puts forward three scenarios for advancing the SDGs. In March 2019, Parliament adopted a resolution on the annual strategic report on the implementation and delivery of the SDGs. In its resolution, Parliament expressed its support for one of the scenarios, which proposes guiding all EU and Member State actions by defining specific SDG implementation targets. It outlines concrete deliverables for 2030 and establishes a mechanism for reporting and monitoring SDG progress.
2. Biodiversity
In 2011, the EU adopted its biodiversity strategy to 2020, reflecting the commitments made within the UN Convention on Biological Diversity (CBD), the main international agreement on biodiversity, to which the EU is a party. The Commission presented its biodiversity strategy for 2030 in May 2020. It is a comprehensive, ambitious and long-term plan to protect nature and reverse the degradation of ecosystems. In June 2021, Parliament endorsed this strategy.
In February 2024, Parliament approved the Nature Restoration Law, vouching to restore at least 30% of the EU’s land and sea areas by 2030 and 90% of all ecosystems in need of restoration by 2050. The law is currently awaiting vote in the Council.
3. Food systems
In May 2020, within the framework of the European Green Deal, the Commission presented its Farm to Fork strategy, which aims to make food systems fair, healthy and environmentally friendly. Parliament largely endorsed the vision and goals of this strategy in October 2021.
C. International environmental cooperation
The EU plays a key role in international environmental negotiations. It is a party to numerous global, regional or sub-regional multilateral environmental agreements on a wide range of issues, such as nature protection and biodiversity, climate change and transboundary air or water pollution. The EU helped shape several major international agreements adopted in 2015 at UN level, such as the 2030 Agenda for Sustainable Development (which includes the 17 global SDGs and their 169 associated targets), the Paris Agreement on climate change and the Sendai Framework for Disaster Risk Reduction. It also became a party to the Convention on International Trade in Endangered Species (CITES), underscoring its dedication to conserving biodiversity and curbing illicit wildlife trade.
D. Environmental impact assessment and public participation
Certain projects (private or public) that are likely to have significant effects on the environment, e.g. the construction of a motorway or an airport, are subject to an environmental impact assessment (EIA). Furthermore, a range of public plans and programmes (e.g. concerning land use, transport, energy, waste or agriculture) are subject to a similar process called a strategic environmental assessment (SEA). Both directives ensure that an environmental assessment takes place before the authorisation of any plans, programmes or projects.
In both cases, consultation with the public is a central aspect. This goes back to the 1998 Aarhus Convention, a multilateral environmental agreement to which the EU and all its Member States are parties. It guarantees three rights to the public: public participation in environmental decision-making, access to environmental information held by public authorities (e.g. on the state of the environment or of human health where affected by the former) and the right of access to justice where the other two rights have been disregarded. These rights have been enshrined in EU legislation through two major directives, namely 2003/4/EC and 2003/35/EC.
E. Implementation, enforcement and monitoring
The effectiveness of EU environmental policy is largely determined by its implementation at national, regional and local levels. Deficient application and enforcement remain an important issue. Monitoring is crucial – both of the state of the environment and of the level of implementation of EU environmental law.
In 2001, the EU adopted (non-binding) minimum standards for environmental inspections in the Member States. They have to ensure effective, proportionate and dissuasive criminal sanctions for serious environmental offences. These include, for instance: the illegal emission or discharge of substances into the air, water or soil; illegal trade in wildlife; illegal trade in ozone-depleting substances; and illegal shipment or dumping of waste.
The European Union Network for the Implementation and Enforcement of Environmental Law (IMPEL) is an international network of environmental authorities created to boost enforcement by providing a platform for policymakers, environmental inspectors and enforcement officers to exchange ideas and best practices.
In May 2016, the Commission launched the Environmental Implementation Review, a new tool designed to help reach full implementation of EU environmental legislation, which goes hand in hand with its fitness check (Regulatory Fitness and Performance Programme – REFIT) of monitoring and reporting obligations under existing EU legislation so as to make it simpler and less costly.
In 1990, the European Environment Agency (EEA) was established in Copenhagen to support the development, implementation and evaluation of environment policy and to inform the general public on the matter. In 2020, it published its sixth State of the Environment Report on the status and outlook of the European environment.
In terms of monitoring, the EU also runs the European Earth Observation Programme (Copernicus), which provides environmental observation satellite data. With regard to pollutants, the European Pollutant Release and Transfer Register (E-PRTR) provides key environmental data from more than 30 000 industrial facilities in the EU. Data from both programmes is open access.
Role of the European Parliament
Parliament plays a major role in shaping EU environmental law. During its eighth term (2014-2019), it dealt with legislation deriving from the circular economy action plan (on waste, batteries, end-of-life vehicles, landfilling, etc.), climate change issues (ratification of the Paris Agreement, effort sharing, accounting for land use, land-use change and forestry in the EU’s climate change commitments, Emissions Trading System reform, etc.) and more.
During its ninth term (2019-2024), Parliament played a key role in discussing the proposals put forward by the Commission as part of the European Green Deal, which was officially launched in December 2019. This deal should help make Europe the first climate-neutral continent in the world.
In November 2019, Parliament declared a climate and environmental emergency in Europe and worldwide. This call was followed up by the adoption of the European Climate Law in 2021. This law binds the EU to achieve climate neutrality by 2050 and sets a target of reducing net greenhouse gas emissions by at least 55% by 2030, compared to 1990 levels. Additionally, in April 2023, Parliament approved legislation under the ‘Fit for 55’ package, aimed at achieving climate goals.
In March 2024, the Committee on the Environment, Public Health and Food Safety (ENVI) discussed a Commission report and communication on the urgent need for climate and environmental action. Thus, Parliament will continue to play an important role in environmental decision-making in the future.
For more information on this topic, please see the website of the ENVI Committee.
Christian Kurrer / Alyssia Petit