EU Environmental Law: Assessments, Liability, and Waste Management

Appropriate Assessment under the Habitats Directive

The primary goal of the Habitats Directive is to ensure biodiversity through the conservation of natural habitats and wild fauna and flora within the EU. It evaluates the potential impact of plans, programs, and projects on Natura 2000 sites, as well as zones outside these areas that may have significant effects, regardless of distance.

Case Study: Montijo Airport

The project faced criticism regarding its EIA, SEA, and AA processes. Under Article 6.4, exemptions may be approved despite adverse effects if specific conditions are met:

• No viable alternatives exist.
• The project serves an overriding public interest.
• Adequate compensatory measures are implemented.

Integrated Environmental Assessment

The purpose of this assessment is to prevent and reduce pollution comprehensively. The system is based on the mandatory use of Best Available Techniques (BAT).

Criticism of the Spanish Environmental System

Due to a perceived lack of preventive effect, Spain transposed the Environmental Liability Directive to prevent, avoid, and remedy damage. Key features include:

• Strict Liability: Fault or negligence does not need to be proven (unless the activity is not classified as dangerous).
• Restoration Focus: Prioritizes environmental restoration over individual compensation.
• Administrative Coordination: Streamlining of administrative procedures.

Scope of Environmental Damage

Under this Directive, environmental damage includes significant adverse changes to protected habitats, species, water, soil, seashores, and estuaries, determined on a case-by-case basis rather than through concrete thresholds.

Administrative Inspections

Authorities utilize a command and control approach, relying on the presumption of accuracy to reinforce administrative action. Authorities monitor compliance with EIA and EIS measures to ensure projects operate according to environmental requirements.

Waste Management and Contaminated Soils

Aligned with the first pillar of environmental law (pollution control), waste is defined as any substance or object that the holder discards or is required to discard. The management hierarchy is as follows:

1. Prevention
2. Preparing for re-use
3. Recycling
4. Recovery
5. Disposal

Plastics and Microplastics

Plastics play a major role in all sectors; however, they are generally not biodegradable and take a significant amount of time to decompose. Consequently, single-use plastics were prohibited by 2021, and there is an increasing focus on the regulation of microplastics.