EU environmental law

The Treaties

The EU was established through founding treaties between the original Member States. The treaties grant powers to the various EU institutions that together manage the Union. The European Economic Community (EEC, now the EU) was established through the Treaty of Rome in 1957 to enable Member States to harmonise and create economic benefits between Member States. In 1958, The European Atomic Energy Community (Euratom) was established alongside the EEC to create a specialist nuclear market in Europe.

In 1986, the Treaty of Rome was revised by the Single European Act (SEA) with the aim of establishing a single European market by 1992. In 1992, the Maastricht Treaty (formerly the Treaty on the European Union) was signed by members of the European Community, which created the EU and adoption by some members of a single European currency, the euro.

In 2007, the Lisbon Treaty was signed. The Lisbon Treaty, which came into force 1 December 2009, amended the Maastricht Treaty and the Treaty of Rome. The Treaty of Rome was renamed the Treaty on the Functioning of the European Union (TFEU). The Treaty of Lisbon reformed

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Latest Environment News

Scottish Government launches consultation on comprehensive Environment Strategy draft

The Scottish Government has launched a consultation seeking views on its draft Environment Strategy, outlining its approach to tackling nature loss, climate change, and pollution, with an environmental transformation target set for 2045. The consultation document also references an upcoming Natural Environment Bill that will establish statutory nature restoration targets. The strategy aims to integrate environmental objectives with economic and social policies, thereby supporting Scotland's transition to a green economy. The consultation is open until 29 September 2025.

Aarhus Convention scope on environmental claims—HM Treasury v GFL

Environment analysis: This case concerns the scope of the Aarhus Convention’s access to justice provisions in the context of a judicial review challenge to UK government decisions implementing the UK-Australia Free Trade Agreement (FTA). Specifically, the Court of Appeal was asked to determine whether a claim brought by Global Feedback Ltd (GFL), a charity focused on environmental protection, was an ‘Aarhus Convention claim’ for the purposes of the Civil Procedure Rules and thus entitled to special costs protection. GFL challenged the government’s decision to make regulations giving effect to tariff preferences for Australian imports, arguing that the decision would increase greenhouse gas (GHG) emissions (‘carbon leakage’) and that the government had failed to properly assess this risk, contrary to its obligations under domestic and international law. The key legal issue was whether the relevant statutory provisions (primarily within the Taxation (Cross-Border Trade) Act 2018 and associated regulations, and in particular section 28) were ‘provisions of national law relating to the environment’ within the meaning of Article 9(3) of the Aarhus Convention. Written by Joel Semakula, barrister at Landmark Chambers.

Commission adopts implementing regulation for the EU Digital Waste Shipment System

The European Commission has adopted an implementing regulation under the Waste Shipments Regulation (Regulation (EU) 2024/1157), establishing rules for the Digital Waste Shipment System (DIWASS). DIWASS will become mandatory for all intra-EU waste shipments from 21 May 2026. It will digitise procedures for both notified and green-listed waste shipments, serving as a central system for authorities and economic operators without digital tools, as well as an information exchange hub between local and commercial systems operated by certain Member State authorities and commercial software used by businesses. The Commission will publish technical documentation and user instructions by the end of 2025, with training sessions for national authorities planned for late 2025. The system aims to replace current paper-based procedures and, in the future, may also be used voluntarily by non-EU countries for shipments involving at least one EU Member State.

Commission proposes interim 2040 emissions reduction target of 90%

The European Commission has proposed amending the EU Climate Law to set a 2040 target of 90% net greenhouse gas emissions reduction compared to 1990 levels. The proposal builds on the existing legally binding 2030 target of 55% reduction and introduces new flexibilities, including the use of international carbon credits from 2036, domestic permanent removals in the EU Emissions Trading System, and enhanced cross-sector flexibility. The Commission's proposal will now be submitted to the European Parliament and Council for adoption under ordinary legislative procedure. The target aims to provide certainty for investors while supporting the EU's goal of achieving a decarbonised economy by 2050.