General Principles
Subsidiarity and proportionality
The reasons for concluding that a Union objective can be better achieved at Union level should be substantiated by qualitative and, wherever possible, quantitative indicators. The added value might be established by more effective protection of the environment and human health. The benefits for the environment might even come as a consequence of harmonised rules concerning placing certain products on the market (such as seal products, see Case C-583/11 P, Inuit Tapiriit Kanatami and Others v Parliament and Council).
The principle of subsidiarity is closely bound up with the principle of proportionality, which requires that any action by the EU should not go beyond what is necessary to achieve the objectives of the Treaties. The content and form of the action must be in keeping with the aim pursued: 1) The measure is suitable to achieve a legitimate aim, 2) it is necessary to achieve the aim and no less restrictive means are available, 3) the measure does not have an excessive effect on other interests. Draft legislative acts must take account of the need for any burden, whether financial or administrative, falling upon the EU, national governments, regional or local authorities, economic operators and citizens, to be minimised and commensurate with the objective to be achieved.
In Case C-358/14 Poland v Parliament and Council, the CJEU confirmed that the EU was permitted to prohibit the sale of menthol cigarettes in the European internal market. According to the Court, the prohibition cannot be regarded as manifestly inappropriate for achieving the objective of facilitating the smooth functioning of the internal market for tobacco and related products, taking as a base a high level of protection of human health, especially for young people. Any less restrictive measures do not appear to be equally suitable for achieving the objectives pursued.
The protection of the environment as a basis for regulation provides the Commission with a relatively wide margin of discretion, which is due to the fact that it is one of the fundamental objectives of the Union (Case C-41/11 Inter-Environnement Wallonie and Terre wallonne, para. 57) and the EU policy on the environment is to aim at a high level of protection.