Environmental policy
- The EU sets minimum standards for such things as pollution. (Photo: Belgian EU Presidency)
EU law sets minimum rules for the protection of the environment. Most common environmental rules are decided by qualified majority voting in the Council and co-decision with the EU Parliament. There are exceptions that require unanimity voting, such as the choice of energy, town and country planning, management of the amount of water resources and land use. Waste management requires a qualified majority.
Member States have the right to establish higher levels of protection for their country than the EU provides (Art. 174 TEC). Often national rules for the environment are seen as obstacles to the free trade of goods. Such rules go against Internal Market rules or the general non-discrimination principles of the EU treaties, although under Art. 95 TEC the EU has to consider environmental aspects while regulating internal market. The national environmental laws can be outlawed by the Commission or by the EU Court.
The future
The EU Constitution proposes that more decisions are reached by qualified majority vote. It will also propose that environmental policy become a shared competence - EU law would therefore suppress member states' existing legislation and right to legislate in this area.
Links
See also Environmental clause.
http://europa.eu.int/comm/environment/ European Environment Information and Observation NETwork: http://www.eionet.eu.int