European Union Environmental Law Overview
Environmental law in the European Union is shaped through Directives, Regulations and Delegated legislation by the European Commission.
Legal Conventions - the Aarhus Convention
All 27 Member States are parties to the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention). The Convention protects the right of citizens across each respective Member State to a healthy environment through three key areas: access to information, public participation and access to justice.
The Convention was codified in EU law through the Access to Information Directive (2003/4/EC).
Regulation (EC) No 1367/2006 as amended by Regulation (EC) 2021/1767 (the Aarhus Regulation) facilitates the implementation of the Convention to EU institutions, bodies, agencies and offices.
Public participation under the Convention is codified through the Public Participation Directive (2003/35/EC) in addition to the Environmental Impact Assessment Directive 85/337/EEC and the Strategic Environmental Assessment Directive 2001/42/EC.
Access to information is ensured by the Access to Environmental Information Directive (2004/4/EC) and the Regulation (EC) No 1049/2001.
Access to justice under the Convention is codified through Directive 2003/4/EC (public access to environmental information) and Directive 2003/35/EC. Notice (C 275/2017) on access to justice in environmental matters (including Updates 1-4) was published to establish guidance on challenging decisions and acts and omissions by public authorities based on the Aarhus Convention, provisions of EU law, including the relevant rulings of the Court of Justice of the EU. In 2020, the European Commission’s Directorate-General for Environment published its Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Improving access to justice in environmental matters in the EU and its Member States (COM/2020/643). Requests for internal review can also be made (more detail can be found here).
The Convention was codified in EU law through the Access to Information Directive (2003/4/EC).
Regulation (EC) No 1367/2006 as amended by Regulation (EC) 2021/1767 (the Aarhus Regulation) facilitates the implementation of the Convention to EU institutions, bodies, agencies and offices.
Public participation under the Convention is codified through the Public Participation Directive (2003/35/EC) in addition to the Environmental Impact Assessment Directive 85/337/EEC and the Strategic Environmental Assessment Directive 2001/42/EC.
Access to information is ensured by the Access to Environmental Information Directive (2004/4/EC) and the Regulation (EC) No 1049/2001.
Access to justice under the Convention is codified through Directive 2003/4/EC (public access to environmental information) and Directive 2003/35/EC. Notice (C 275/2017) on access to justice in environmental matters (including Updates 1-4) was published to establish guidance on challenging decisions and acts and omissions by public authorities based on the Aarhus Convention, provisions of EU law, including the relevant rulings of the Court of Justice of the EU. In 2020, the European Commission’s Directorate-General for Environment published its Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Improving access to justice in environmental matters in the EU and its Member States (COM/2020/643). Requests for internal review can also be made (more detail can be found here).
Policy Frameworks
The key frameworks of environmental law can be broken down into the following regimes:
Industrial Pollution
The Integrated Pollution Prevention and Control (IPPC) and the Industrial Emissions Directive (IED) (2010/75/EU) integrate pollution prevention and controls.
Air Quality
The Air Quality Directive (2008/50/EC) (and various associated Directives), known as the Air Quality framework, establishes ambient air quality objectives as well as controls on source air emissions.The main air quality directives are as follows:Air Quality Framework Directive 96/62/EC: established the standards for a range of pollutants including ozone, particulate matter (PM10), and nitrogen dioxide (NO2) in a period up to 2004.Ambient Air Quality Directive 2008/50/EC: a combination of the Framework Directive and other directives into one single directive as part of the 2005 Thematic Strategy on Air Pollution. The directive was to set objectives for fine particulate matter (PM2.5).Ambient Air Quality Directive & daughter Directive 2004/107/EC: the current framework used to control ambient concentrations of air pollution in the EU. The directives included here aim to control emissions from mobile sources, improve fuel quality, and promote environmental protection requirements into the transport and energy sector.
The first pillar comprises Directive 2008/50/EC on ambient air quality and cleaner air for Europe adopted in 2008 (the 2008 AAQ Directive) and Directive 2004/107/ECon arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air adopted in 2004 (the 2004 AAQ Directive). The two directives establish standards (values) for air quality and air pollution measurement. When Member States exceed the relevant values, they are required to draw up air quality plans (AQPs) setting out measures to tackle air pollution. Both directives are presented in detail below.
The second pillar is underpinned by Directive (EU) 2016/2284 on the reduction of national emissions of certain atmospheric pollutants adopted in 2016 (the NEC Directive). It establishes national emission reduction commitments for five main pollutants, namely, PM₂₅, sulphur dioxide (SO₂), oxides of nitrogen (NOx), non-methane volatile organic compounds (NMVOCs) and ammonia (NH₃), to be achieved by 2020 and 2030 respectively. The NEC Directive requires Member States to draw up national air pollution control programmes aimed at contributing to the successful implementation of AQPs established under the first pillar.
The third pillar groups several EU legislative acts regulating air pollution at its source in sectors such as: industry, with legislation covering Directive 2010/75/EU on industrial emissions (IED) adopted in 2010 (currently under revision); Directive (EU) 2015/2193 on the limitation of emissions of certain pollutants into the air from medium combustion plants (the MCP Directive) adopted in 2015; Directive 2009/125/EC establishing a framework for the setting of ecodesign requirements for energy-related products (recast) adopted in 2009 (the Ecodesign Directive, currently under revision); and, transport, with legislation covering, among others, the environmental performance aspects of the EU type-approval legislation, for example, Regulation (EC) No 715/2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6 standards), adopted in 2007, and Regulation (EC) No 595/2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI standards) and on access to vehicle repair and maintenance information adopted in 2009. The Commission is expected to submit a proposal for post-Euro 6/VI emission standards in the autumn of 2022.
The Commission is also positive as regards external coherence, i.e. coherence of the AAQDs with EU commitments taken at international level, and coherence between the AAQDs and other EU sectoral policies and/or legislation with effects on air quality. In particular, the Commission states that the two AAQDs have helped Member States in their efforts to comply with international law requirements, especially as regards the Convention on long-range transboundary air pollution and the Convention for the prevention of pollution from ships.
*There are many applicable non-binding recommendations made by the European Parliament and oversight bodies as well as the Council of the European Union and European Court of Auditors.
On 26 October 2022, the European Commission published a proposal to revise the Air Quality Directive to implement more stringent standards, setting interim 2030 EU air quality standards that are aligned more closely with World Health Organization guidelines, while putting the EU on a trajectory to achieve zero pollution for air at the latest by 2050, in synergy with climate-neutrality efforts.Additionally, on 10 November 2022, the European Commission put forward a proposal to replace the Euro 6 and Euro VI emission standards with Euro 7, which aims to reduce air pollution from new motor vehicles sold in the EU to meet the European Green Deal's zero-pollution ambition.
The Water Framework
The Water Framework Directive (2000/60/EC), in addition to various related Directives, including the IED, all seek to manage water resources, improve water quality, prevent water pollution and generally protect the water environment.
The Waste Framework
Consisting of the Waste Framework Directive (2008/98/EC), which seeks the reduction of waste and appropriate management of waste including hazardous waste, and places controls on shipments of waste.
Environmental Assessments
The Environmental Impact Assessment (EIA) Directive (2011/92/EU) and the Strategic Assessment Directive (Directive 2001/42/EC) are the backbone of environmental assessment regulation.
Biodiversity
Nature and biodiversity protection in the EU is covered largely by the Biodiversity Strategy for 2030 (part of the Green Deal which will enlarge the Natura 2000 areas—part of the Birds and Habitats Directive—and the proposed Nature Restoration Law, the proposal of which can be found here) and the Birds Directive (2009/147/EC) and Habitats Directive (92/43/EEC).
Environmental Liabilities
The framework for environmental liability for environmental damages can be found in the Environmental Liability Directive (2004/35/EC).
Waste Management
The Integrated Pollution Prevention and Control Directive (IPCC) (Directive 96/61/EC and Directive 2008/1/EC). is the main policy framework addressing most, but not all, forms of waste. Environmental permitting is also covered by the Industrial Emissions directive, the Combustion Large Plant Directive (to be superseded by Industrial Emissions Directive on 1st January 2016), the Solvents Emission Directive, and others.
Industrial Pollution
The Integrated Pollution Prevention and Control (IPPC) and the Industrial Emissions Directive (IED) (2010/75/EU) integrate pollution prevention and controls.
Air Quality
The Air Quality Directive (2008/50/EC) (and various associated Directives), known as the Air Quality framework, establishes ambient air quality objectives as well as controls on source air emissions.The main air quality directives are as follows:Air Quality Framework Directive 96/62/EC: established the standards for a range of pollutants including ozone, particulate matter (PM10), and nitrogen dioxide (NO2) in a period up to 2004.Ambient Air Quality Directive 2008/50/EC: a combination of the Framework Directive and other directives into one single directive as part of the 2005 Thematic Strategy on Air Pollution. The directive was to set objectives for fine particulate matter (PM2.5).Ambient Air Quality Directive & daughter Directive 2004/107/EC: the current framework used to control ambient concentrations of air pollution in the EU. The directives included here aim to control emissions from mobile sources, improve fuel quality, and promote environmental protection requirements into the transport and energy sector.
The first pillar comprises Directive 2008/50/EC on ambient air quality and cleaner air for Europe adopted in 2008 (the 2008 AAQ Directive) and Directive 2004/107/ECon arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air adopted in 2004 (the 2004 AAQ Directive). The two directives establish standards (values) for air quality and air pollution measurement. When Member States exceed the relevant values, they are required to draw up air quality plans (AQPs) setting out measures to tackle air pollution. Both directives are presented in detail below.
The second pillar is underpinned by Directive (EU) 2016/2284 on the reduction of national emissions of certain atmospheric pollutants adopted in 2016 (the NEC Directive). It establishes national emission reduction commitments for five main pollutants, namely, PM₂₅, sulphur dioxide (SO₂), oxides of nitrogen (NOx), non-methane volatile organic compounds (NMVOCs) and ammonia (NH₃), to be achieved by 2020 and 2030 respectively. The NEC Directive requires Member States to draw up national air pollution control programmes aimed at contributing to the successful implementation of AQPs established under the first pillar.
The third pillar groups several EU legislative acts regulating air pollution at its source in sectors such as: industry, with legislation covering Directive 2010/75/EU on industrial emissions (IED) adopted in 2010 (currently under revision); Directive (EU) 2015/2193 on the limitation of emissions of certain pollutants into the air from medium combustion plants (the MCP Directive) adopted in 2015; Directive 2009/125/EC establishing a framework for the setting of ecodesign requirements for energy-related products (recast) adopted in 2009 (the Ecodesign Directive, currently under revision); and, transport, with legislation covering, among others, the environmental performance aspects of the EU type-approval legislation, for example, Regulation (EC) No 715/2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6 standards), adopted in 2007, and Regulation (EC) No 595/2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI standards) and on access to vehicle repair and maintenance information adopted in 2009. The Commission is expected to submit a proposal for post-Euro 6/VI emission standards in the autumn of 2022.
The Commission is also positive as regards external coherence, i.e. coherence of the AAQDs with EU commitments taken at international level, and coherence between the AAQDs and other EU sectoral policies and/or legislation with effects on air quality. In particular, the Commission states that the two AAQDs have helped Member States in their efforts to comply with international law requirements, especially as regards the Convention on long-range transboundary air pollution and the Convention for the prevention of pollution from ships.
*There are many applicable non-binding recommendations made by the European Parliament and oversight bodies as well as the Council of the European Union and European Court of Auditors.
On 26 October 2022, the European Commission published a proposal to revise the Air Quality Directive to implement more stringent standards, setting interim 2030 EU air quality standards that are aligned more closely with World Health Organization guidelines, while putting the EU on a trajectory to achieve zero pollution for air at the latest by 2050, in synergy with climate-neutrality efforts.Additionally, on 10 November 2022, the European Commission put forward a proposal to replace the Euro 6 and Euro VI emission standards with Euro 7, which aims to reduce air pollution from new motor vehicles sold in the EU to meet the European Green Deal's zero-pollution ambition.
The Water Framework
The Water Framework Directive (2000/60/EC), in addition to various related Directives, including the IED, all seek to manage water resources, improve water quality, prevent water pollution and generally protect the water environment.
The Waste Framework
Consisting of the Waste Framework Directive (2008/98/EC), which seeks the reduction of waste and appropriate management of waste including hazardous waste, and places controls on shipments of waste.
Environmental Assessments
The Environmental Impact Assessment (EIA) Directive (2011/92/EU) and the Strategic Assessment Directive (Directive 2001/42/EC) are the backbone of environmental assessment regulation.
Biodiversity
Nature and biodiversity protection in the EU is covered largely by the Biodiversity Strategy for 2030 (part of the Green Deal which will enlarge the Natura 2000 areas—part of the Birds and Habitats Directive—and the proposed Nature Restoration Law, the proposal of which can be found here) and the Birds Directive (2009/147/EC) and Habitats Directive (92/43/EEC).
Environmental Liabilities
The framework for environmental liability for environmental damages can be found in the Environmental Liability Directive (2004/35/EC).
Waste Management
The Integrated Pollution Prevention and Control Directive (IPCC) (Directive 96/61/EC and Directive 2008/1/EC). is the main policy framework addressing most, but not all, forms of waste. Environmental permitting is also covered by the Industrial Emissions directive, the Combustion Large Plant Directive (to be superseded by Industrial Emissions Directive on 1st January 2016), the Solvents Emission Directive, and others.