Environmental Prevention and Control in Legal Frameworks
Environmental Prevention and Control: A Legal Perspective
PAC3.1.2: The Integrated Approach to Pollution Prevention and Control
The traditional approach to pollution control involved separate regulations for air, water, and soil, often leading to negative environmental consequences and limited flexibility for industries. The integrated system introduced by Directive 96/61 on Integrated Pollution Prevention and Control (IPPC) aims to address these shortcomings. This directive necessitates the alignment of state and regional legislation.
In Spain, this transposition was achieved through Law 16/2002 at the state level and Law 3/1998 in Catalonia. Law 16/2002, focusing on integrated pollution prevention and control, transposes Directives 96/61/EC and 99/13/EC into the Spanish legal system. Its objective is to prevent, reduce, and control pollution from specific activities impacting air, water, and soil by establishing a comprehensive prevention and control system.
Integrated Environmental Authorization Requirements:
- Emission values based on Best Available Techniques (BAT).
- Requirements for soil and groundwater protection.
- Waste management procedures.
- Emission and waste treatment and control systems.
- Measures for non-standard operating conditions (e.g., start-up, leaks, malfunctions, temporary shutdowns, and permanent closure).
A key legal consequence of this framework is the potential revocation of licenses based on environmental protection grounds. This necessitates an integrated permitting system for industrial facilities.
The Principles of Prevention and Precaution
The precautionary principle in environmental matters differs from the principle of prevention. The precautionary principle calls for action to minimize the likelihood of severe environmental harm even when the probability of its occurrence is uncertain. Conversely, the prevention principle necessitates action when the potential environmental damage is known.
The precautionary principle mandates protective measures before environmental degradation occurs, acting upon threats to health or the environment even in the absence of complete scientific certainty regarding their causes and effects.
The European Council, in its December 2000 Nice resolution, clarified the precautionary principle for EU member states. When a multidisciplinary, independent, and transparent evaluation based on available data does not conclusively determine a specific risk level, risk management measures should be implemented based on a political assessment of the desired level of protection. These measures should, whenever feasible, be the least trade-restrictive options, adhere to the principle of proportionality (avoiding excessive sanctions), consider both short-term and long-term risks, and undergo regular review in light of scientific advancements. The European Council also emphasized the importance of public consultation and information.
It’s crucial to remember that these principles align with Title XIX of the EC Treaty, which includes Article 174 on the precautionary principle.
PAC3.1.1: Risk Prevention in Administrative Police Activity
Administrative police activity primarily involves regulations and acts of authority to ensure social harmony and order, as well as free and productive economic relations that respect citizens’ rights and societal values, such as occupational health and safety and a healthy environment. In the environmental context, this police function is increasingly focused on prevention.
The emphasis is shifting from control and security towards preventing environmental risks associated with specific activities. Activity limitation, while important, is now secondary to prevention as the primary approach to environmental issues. As the saying goes, “an ounce of prevention is worth a pound of cure.” Subsequent legislation clearly prioritizes prevention policies over traditional policing.
Approvals for industrial facilities, once primarily based on security considerations, are now increasingly driven by risk prevention. Examples of this shift include:
- Law 1/1995 on Environmental Protection in the Region of Murcia: Article 2 emphasizes the prevention and correction of environmental degradation through the development and implementation of environmental management plans and programs.
- Law 16/2002 on Integrated Pollution Prevention and Control (IPPC): This law establishes a system for preventing and controlling pollution to achieve a high level of overall environmental protection.
- Directive 166/2006 on Waste Prevention: The preamble highlights integrated pollution treatment and prevention to prevent the transfer of pollution. The solutions that best address EU requirements are just a few examples of this approach.