Participatory and Procedural Rights in Environmental Matters

The integration principle (Article 11 TFEU) requires that environmental protection requirements are integrated into the definition and implementation of other EU policies. As regards the requirement to protect human health and the environment against air pollution, the binding nature of the limit values of Air Quality Directive 2008/50/EC has some repercussions on other EU policy sectors: permits for industrial installations need not respect the limitations which were fixed for national emission ceilings in the corresponding EU Directive (case C-167/09, Stichting Natuur en Milieu a.o.). In contrast, permits for those industrial installations that are regulated at EU level must respect existing limit values (Directive 2010/75/EC).

Local authorities have the possibility to restrict or ban the circulation of vehicles in areas, where the limit values of Air Quality Directive 2008/50/EC are exceeded (Articles 24(2) and 23(1)). No similar requirement exists, it is true, for air pollution by aircraft or by railways. With regard to noise, there is no requirement to respect EU noise limits, as such limits were not fixed and Member States obtained the explicit authorization to take, in noise reduction plans, those measures which they considered appropriate. Transport provisions - road, rail or aircraft - do not refer to noise reduction matters under Noise Directive 2002/49/EC. Local authorities may, though, limit the use of outdoor equipment - lawnmowers and others - or recreational craft for noise reasons; however it does not depend on the existence of a noise reduction plan.