Environmental Law

Ever since the entry into force of the Amsterdam Treaty (amending, in 1999, the Treaty establishing the European Community), the promotion of “a high level of protection and improvement of quality of the environment” has become an independent goal rather than a side-effect of economic growth. The central focus on protection of the environment is further emphasized by its integration into, and continuous “greening” of, all other EU policies and activities, including energy, enterprise, transport, agriculture, trade, competition and furtherance of the Internal Market.

Van Bael & Bellis has been advising clients on all aspects of the European Union's environmental laws and policies long before this field gained importance, as much for companies as for the Union's citizens alike. Its expertise in environmental law is second to none.

Some important areas of environmental law

The firm regularly advises multinational companies, trade associations and third-country governments on various aspects of the Union’s environmental law in particular sectors. Some of the more common sectors are chemicals (the REACH regulation, biocides, plant protection products), waste, in particular end-of-life products (electronics, vehicles, batteries, etc.), hazardous waste and the cross-border transport of waste, dangerous substances legislation, other product related legislation, packaging, climate change and emissions trading, environmental taxes, eco-labelling, the EU eco-management and audit scheme, and the interface between WTO rules and protection of the environment.

Integration of environment in all the other main EU policies

Van Bael & Bellis’ practice areas have grown along with the expansion of environmental rules at EU level, and the integration of environmental factors in all of the EU’s other main policies. As a result of growing producer responsibility and industry’s involvement in the consultations process and the moulding of environmental rules and regulations, Van Bael & Bellis has played an important part in all facets of the environmental sphere.

Assistance ranging from preparing monitoring reports to involvement in disputes

The firm’s services range from providing detailed and sound advice on EU law provisions (whether proposed or already adopted) for clients doing business in one or more of the Member States, to providing monitoring reports whether on a weekly, fortnightly or monthly basis which are then, for example, disseminated to thousands of members of trade associations worldwide.

Moreover, the firm advises clients at the EU or Member State level in the event of a dispute, and has frequently held discussions with both Union and Member States’ authorities in arriving at carefully crafted solutions favourable to all sides.

Certain increasingly visible aspects of environmental law

The intensifying and dual use by the EU and Member States of the well-known precautionary principle and polluter pays principle has also led to a growth in the firm’s expertise, as clients from all over the world doing business in Europe have increasingly depended on the firm’s assistance in matters of environmental law.

The precautionary principle covers cases where scientific evidence is insufficient, and preliminary scientific evaluation indicates that there are reasonable grounds for concern. The Commission’s primary chemicals legislation, REACH, is one example of the use of the precautionary principle. In accordance with the REACH Regulation, producers will only be able to place chemicals on the market if they are able to prove that the chemicals are harmless to the environment and health.

The polluter pays principle means, in effect, that the cost of any environmental damage should be borne by those that caused it, be they companies or anyone else. The Union’s legislation on waste electrical and electronic equipment (“WEEE”) is one example of the use of this principle: producers of such equipment are required, under its provisions, to pay for the transport, recycling and sound disposal, in other words waste management, of end-of-life household appliances and different types of electrical and electronic equipment.

Voluntary schemes gaining importance in the European Union

Eco-labelling and the European Union’s Eco-Management and Audit Scheme (EMAS), although not mandatory, are becoming increasingly popular with companies and traders operating in Europe who wish, among others, to improve their brand image and reputation.