Main Page     I. The Administrative Framework     II. European Environmental Policy
III. Directives Implementing the EU Environmental Policy
IV. Chart of the Directives and Enforcement Dates

The Administrative Framework

The institutions, programs and policies of the European Union have been developed by the member states in order to minimize trade barriers and to coordinate regulatory policies. There are four major institutions in the EU. The Council made up of the representatives of the member states. The Commission is the bureaucracy by the EU, with major responsibilities for developing policies and executing programs. The Commission is organized into a number of “directorates general”. Directorate General Environment has the lead jurisdiction over EU environmental programs. The European Court of Justice has jurisdiction over cases arising under EU law.

This website will present you with a number of directives from the EU. A directive is an order from the EU to the member states that has been developed by the Commission, passed by Parliament and approved by the Council. The member states must then incorporate the provisions of the directives into national law. The program and policies set forth in the directive are therefore implemented by national governments at the local level. As a result of this process, there may be differences among the EU member states in the manner, extent and effectiveness with which EU policies and programs are implemented and enforced.

The Administrative and Legal Frameworks

The primary mission of the EU has been to promote free trade among the 25 member states. Under article 95 of the Treaty of Rome (as amended), the member states are barred from imposing tariffs on trade within the common market and to eliminate non-tariffs measures that impede trade. The member states are required to transcribe Community legislation governing free trade into national law exactly as it is enacted.

There are differences in the legal bases for EU regulation of trade and environmental issues. The environmental policies of the EU are governed by the provisions of Part III, Title XVI of the Treaty. Under the provision of Article 130r, the goals of the EU environmental policy are to:

• Preserve, protect and improve the quality of the environment
• Protect human health
• Make prudent and rational utilization of natural resources
• Promote international measures to deal with regional or worldwide environmental problems

Under the ‘precautionary principle’, regulators should err on the side of caution if the evidence on product safety is inconclusive. It is the responsibility of the manufacturer to show that a product or process is environmentally benign. Government should not be obligated to demonstrate that it is clearly harmful before developing regulations.

Community legislation on the environment constitutes a minimum level of state action. Under Article 130t of the treaty of Rome, member states are free to maintain or introduce more stringent measures as long as the Commission is notified and the measures are compatible with the Treaty.

Program managers in Directorate General Environment are sensitive to the potential impact of these more stringent national regulations in environmental regulation on the internal free market. Several aspects of the policies that will be discussed have been designed to minimize the potential impact of national environmental regulation on free trade in the European common market.