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EU action seeks to protect and improve the environment, tackle climate change and promote energy security and energy networks and markets. EU rules aim to protect EU nationals, for instance by making rules on cleaner air, access to cleaner water and sanitation and aim to prevent cross-border environmental damage. EU rules also provide a right for EU nationals to obtain environmental information.

13.1 EU law aims to protect the environment, tackle climate change and promote energy security and energy networks and markets.97 _{The EU can also use product standards to}

achieve environmental aims. In addition, environmental protection must be integrated into all the EU’s policies and activities.

13.2 EU laws on energy and the environment are usually decided jointly between the European Parliament and Member States in the Council (although in some limited cases the Council may act alone after consulting the Parliament). Member States take decisions in Council by Qualified Majority Voting. The exception is where the Council is acting alone, when the voting rule is unanimity (for example where the legislation contains provisions which are primarily of a fiscal nature).

13.3 Some of the rights and obligations described below are derived from international agreements between the EU and the Member States with other countries not in the EU.

The environment

13.4 Environmental legislation adopted by the EU can only set minimum standards or procedural requirements. Member States have the right to maintain or introduce more stringent protective measures if they wish, provided these are compatible with EU law.

13.5 The EU can make rules that apply to Member States, potential polluters and individuals with a view to protecting and improving the environment. The EU has made laws in a number of areas, including:

• limiting air pollution, reducing greenhouse gas emissions and preventing the emission of ozone-depleting substances;

• promoting energy efficiency and increasing renewable energy;

• improving and protecting the quality and cleanliness of drinking water and clean bathing waters;

• promoting waste reduction, re-use and recycling;

• controlling the marketing and use of chemicals, pesticides, and genetically modified organisms; and

• protecting wildlife and vulnerable European habitats and species.

13.6 Across many of these areas, Member States are required to put in place criminal

penalties for activities which cause serious environmental damage. The UK and other Member States are also required to collect and report statistics on the state of the environment to the European Environment Agency.

13.7 EU law also creates procedural rights and obligations. This means EU nationals can help to enforce environmental rules and prevent environmental damage and aims to ensure that information on the environmental impacts are considered before certain decisions are taken. These include:

• the right of access to environmental information;

• the right of public participation in environmental decision-making; and

• the obligation on public authorities across the EU to undertake environmental impact assessments before permitting projects, plans or programmes which are likely to have significant effects on the environment.

Climate change

13.8 The EU has put in place a strategy for tackling climate change. This includes a package of EU legislation which contains binding targets up to 2020 that all Member States must meet so as to achieve, across the EU:

• a 20 per cent cut in greenhouse gas emissions (from 1990 levels);

• 20 per cent of EU energy from renewables; and

• 20 per cent improvements in energy efficiency.

Energy

13.9 The EU Treaties set out that the EU must ensure the functioning of the energy market and the security of energy supply in the EU. In addition they set out that the EU must promote energy efficiency and energy saving and the development of new and renewable forms of energy and the interconnection of energy networks. There are specific EU laws governing cross-border transmission of electricity, access to electricity transmission networks and gas pipelines, national regulators, ownership of energy producers and suppliers and competition and consumer protection within the energy sector.

13.10 However, when the EU makes legislation in the area of energy, the EU Treaties specifically say that these laws shall not affect a Member State’s right to determine the

conditions for exploiting its energy resources, its choice between different energy sources and the general structure of its energy supply. If EU laws are contemplated which would infringe this, they may be adopted in the Council but only by unanimity.

13.11 EU legislation also sets rules for all Member States to:

• have available minimum stocks of oil for release to the market in the event of a shortage of supply, so as to prevent an energy crisis;

• ensure that gas supply to protected customers (which in the UK includes all

households and essential social services) will continue even in the event of a major supply disruption;

• ensure that petroleum licences are granted following an open procedure and without discrimination;

• enforce minimum environmental and safety standards in offshore oil and gas;

• set minimum levels of taxation for energy products; and

• ensure that the geological storage of carbon dioxide waste is environmentally safe.

Nuclear

13.12 A separate Treaty, Euratom,98 _{deals with civil nuclear energy, security of the supply}

of nuclear fuel and protection of the environment and people from radiation more generally, including through medical treatments. Under Euratom the EU has agreed a number of rules concerning nuclear safety, safety of nuclear waste and the supply, use, transport and disposal of radioactive material and waste. The Commission has the right to verify that materials in civil nuclear establishments are not being used other than for peaceful purposes.

13.13 Legislation under Euratom is adopted by the European Council either acting unanimously or by Qualified Majority Voting on a proposal of the Commission and after consulting the European Parliament in the majority of cases. In some cases the Council may adopt legislation without first consulting the European Parliament.

Chapter 14 – cohesion policy and