Participatory and Procedural Rights in Environmental Matters

The polluter-pays principle, laid down in Article 191 TFEU, stipulates that the cost of preventing, reducing or repairing environmental impairment should       be borne by the polluter and not by the taxpayer. Applying this principle to road traffic, it would very considerably burden vehicle manufacturers, fuel producer or vehicle users - whoever is considered to be the "polluter" - as they would have to pay for the damage. Such a policy does not appear to be politically feasible and is not pursued by EU - or, indeed, by any other country or part of the world.

Taxes are fixed by Member States which differentiate not only between petrol and diesel fuels, but also according to the air emissions of vehicles. EU Directive 1999/62/EC allows, within certain limits, charges to heavy goods vehicles by infrastructure charges, tolls etc., according to their air and noise emissions.       Aircraft fees for the use of airports as well as the payment of the railway tolls, fees or costs are subject to Member States' regulations. In other areas of EU law, the polluter pays principle is not applied to air or noise emissions. Overall this principle is little used - a surprising conclusion in a market economy system. Most of the mitigation and repair measures caused by air and noise pollution are borne by public funds, not by the polluter.