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Posted - 30/01/2021 : 11:27:29
European Union environmental legislation includes mainly directives,
regulations and decisions.
Most EU environmental laws are directives. This is a form of law peculiar
to the European Union. They are designed to impose obligations on Member
States and to be sufficiently flexible to take into account differing legal and
administrative traditions. The choice and method of aligning the national
legal and administrative system is left to the discretion of the Member State.
Directives are binding on all Member States but may contain differing
requirements which take into account the different environmental and economic
conditions in each Member State.
Framework directives set out general principles, procedures and requirements
for legislation in different sectors. So far they have been adopted for the air,
water and waste sectors. Other ‘daughter’ directives in each sector must
conform to the general requirements of the framework directive.
About 10% of EU environmental laws take the form of regulations.
Regulations are directly binding in Member States and supersede any conflicting
national laws. Member states may not transpose the provisions of regulations
into national law, even if the national law is identical to the regulation.
Nevertheless, environmental regulations require further national measures
for implementation.
Regulations usually have a precise purpose and are used where it is important
that, in the Member States, precisely the same requirements are applied. In
some sectors such as waste and chemicals, EU law is a mixture of regulations
and directives.
Decisions are individual legislative acts which are binding in their entirety
upon the parties to whom they are addressed. They differ from regulations or
directives in that they are usually very specific in nature. They are less
common in the environmental field. Environmental regulations or directives
often give the Commission the power to take decisions to implement them.
Table 1.1 summarises these three major forms of binding EU legislation.
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