Key EU developments

EU environmental law—an introduction

Since 1973, the EU has taken a proactive approach to establishing environmental protection in a range of areas:

•
environmental liabilities
•
industrial emissions and permitting
•
climate change
•
air quality
•
hazardous substances
•
chemicals
•
sustainability and ESG
•
nature conservation and restoration
•
energy
•
water pollution

Environmental principles

Article 191(2) of TFEU states:

“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.”

Precautionary principle

The precautionary principle is a risk management tool that may be invoked when there is scientific uncertainty about a suspected risk to human health or to the environment emanating from a certain action or policy. For instance, should doubts arise about the potentially harmful effects of a product, and should – following an objective scientific evaluation

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest EU Law News

EIOPA publishes Q&A on DORA

The European Insurance and Occupational Pensions Authority (EIOPA) has published a new Q&A on what types of services should be considered Information Communication Technologies (ICT) services for the purpose of Article 3(21) of Regulation (EU) 2022/2554 (the Digital Operational Resilience Act or DORA).

Commission extends duties on Chinese e-bike imports until 2030

The European Commission has extended anti-dumping and countervailing duties on electric bicycles imported from China for an additional five years. This decision follows an expiry review investigation which revealed ongoing unfair subsidies and dumping practices. The duties, ranging from 10.3% to 70.1% for anti-dumping and 3.9% to 17.2% for countervailing measures, were initially implemented in 2019. The Commission states that the extension is crucial for protecting the EU's e-bike industry, which employs 12,000 people directly and plays a vital role in the EU's green transition and sustainable mobility efforts.

Commission adopts MiFIR Delegated Regulation on OTC derivatives reference data

The European Commission has adopted a Delegated Regulation as regards over-the-counter (OTC) derivatives identifying reference data to be used for the purposes of the transparency requirements laid down in Article 8a(2) and Articles 10 and 21 of the Markets in Financial Instruments Regulation (EU) 600/2014 (MiFIR).

European Commission publishes Platform on Sustainable Finance report

The European Commission has published a report titled ‘Platform on Sustainable Finance report on Building trust in transition: core elements for assessing corporate transition plans’. The report provides guidance for financial market participants and companies to align their business models with the European Union's environmental objectives, aiming for a net-zero, resilient, and inclusive economy by 2050. The report follows the Commission's June 2023 recommendations on the voluntary use of EU sustainable finance tools for transition finance, which involves financing investments that contribute to the transition while avoiding lock-ins.