Effects of the EU Environmental Policy on Free Trade
different environmental standards = non-tariff trade barriers
? How does the EU ensure that
the common environmental standard manages
not to decrease environmental protection
to the lowest common denominator
‘We consider it to be a mythical concept,
perhaps like a unicorn.’ © John D. Graham, a member of the Bush Administration, referring to the precautionary principle
‘I hope that more and more people will start to believe in unicorns and the world in which they live, the world of sustainable development.’ Francesco Sindico, PhD candidate in international law, Spain
7. Free trade and environmental protection - compatible or not?
A most suitable response to the question posed is that EU free trade principles can be compatible with environmental protection for the following reasons:
I) The fact that Article 36 TFEU exempts the usual application of free trade principles (Articles 34 and 35) in cases where goods and services may be considered as being environmentally hazardous.
7. Free trade and environmental protection - compatible or not?
II) The Rio Conference (1992) marks the recognition of the complexity of Free trade principles and the environment. The WTO, the OECD and UNEP (Organizations in which the EU takes a leading role) discussed the matter thoroughly and continues to look at how trade and environmental issues can be addressed.
7. Free trade and environmental protection - compatible or not?
III) Where free trade principles and environmental protection appear to be paradoxical and unclear, the CJEU deals with interpretation and application of the law (as observed in the case laws outlined earlier).
7. Free trade and environmental protection - compatible or not?
IV) Not fully harmonized is not synonymous with being incompatible.
V) The European area appears to be the strictest in terms of the regulation of genetically modified organisms despite existing challenges.
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