Participatory and Procedural Rights in Environmental Matters

Article 191 TFEU provides as one of EU priorities that damage should be rectified at source. This means in clear terms that air pollution and noise should be regulated by emission limit values, but not by quality (concentration) values or by administrative measures, as in Noise Directive 2002/49/EC. However, if the damage or the impairment which the environment suffers from air pollution, were rectified at source, this would mean that emission limit values for transport means - vehicles, trains, airplanes, motorcycles, recreational craft and etc., outdoor equipment and industrial installations would have to be fixed at levels which would make all transport and other activities much more expensive. Politically it is not possible to impose a policy of rectification at source alone. It also does not appear to be a realistic option to require design of cars, airplanes or installations to lead to zero or near-zero pollution or sound emissions; the same observation applies to liability provisions.

The practical EU policy as well as the policy of all Member States pays lip-service to the principle of rectifying damage at source. Noise and air pollution are largely seen as an act of God, as an inevitable by-product of modern life rather than as something which can be largely contained or even stopped, at least during some time of the day and in some areas.