Edition 2020 Ninth edition
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a6048c931cdc93 TEGOVA EVS 2020 digital
(C-256/06)
which has led to changes in the treatment of property for taxation by both Germany and the United Kingdom so that domestic tax legislation was no longer an impediment to the free movement of capital. More generally, the non-discrimination provisions of EU law have forced changes in na- tional taxation legislation. 330 VII. European Union Legislation and Property Valuation European Valuation Standards 2020 1.9. The EU internal market legislation not only affects property markets and valua- tions, it also touches upon the profession of valuers. For instance, the Services Di- rective 2006/123/EC acts to preclude any national measure which, albeit applica- ble without discrimination on grounds of nationality, impedes access to a market for service providers or undertakings from other Member States and so hinders trade within the EU. This includes valuation services. 1.10. The increasing importance of the EU in driving environmental policy has led to the adoption of various instruments on various matters, such as resource pro- tection, water, pollution, asbestos and biodiversity. Much of this affects property. For instance, policy on the protection of flora and fauna can affect both the po- tential for and the costs of land development. The classification of land for nature conservation and for subsidy purposes also has an influence on valuation of rele- vant property. Section 5 below reviews the main regimes as they may be relevant to property and/or property valuation. There are, however, other provisions that apply to individual sectors or issues which may be pertinent to specific properties. 1.11. The focus on measures to fight climate change is also reflected in the energy policy. In this context, property is seen not only to pose key problems of energy consumption and inefficiency to be tackled but also to offer solutions in terms of climate change mitigation and renewable energy as well as opportunities for the construction industry. 1.12. Finally, from almost the earliest days of the EU, the Common Agricultural Policy has affected rural property. At first, this influence was indirect through interven- tion in the market, in particular by supporting prices. Nowadays, the measures adopted as part of this policy may affect the use and value of agricultural land in several ways. 1.13. Nature and impact of EU legislation — Most of the EU legislation under review in the following sections has been made by Directives which Member States must implement into their legislation. 1.14. In particular, once a Directive is agreed it is binding as to the result to be achieved within the time specified by that Directive. The effect of a Directive will, thus, depend on how it is drafted. For instance, in Commission v UK (C-56/90) the Court of Justice of the European Union (CJEU) has ruled that where a Directive pre- scribes an outcome, such as a particular quality of bathing water, that outcome has to be achieved. In such a case, it is not sufficient to take all practical steps. Conversely, when a more general 'framework' Directive does not specify outcomes European Valuation Standards 2020 VII. European Union Legislation and Property Valuation 331 so precisely, the compliance with that Directive and its assessment may turn more on the approach the Member States have taken. 1.15. In some cases, the European requirements will interact with other existing do- mestic regimes or be implemented alongside other domestic measures. In this context, the CJEU ruled in Marleasing (C-106/89) that national legislation must, as far as possible, be interpreted "in the light of the wording and the purpose of the directive in order to achieve the result pursued by the latter". Moreover, while EU Regulations apply directly in Member States, they are frequently covered by domestic legislation, supplying further operational matters to ensure an effec- tive implementation. 1.16. In view of these elements, much of this common framework and increasing in- fluence is not directly evident to many who are active in their local marketplaces. However, although much EU legislation is applied through national laws, that does not detract from the EU's key role as the source of much that affects the valuation of property. 1.17. EU legislation and the EVS — There follows a brief description of the main policy areas and instruments that, directly or indirectly, have an impact on property and/ or property valuation. Considering the broad range of EU legislation, that has grown and seems likely to develop substantially, this text can of course not be exhaustive in its review of the Directives and Regulations affecting the valuation of specific properties, but outlines the most significant areas. Download 1.74 Mb. Do'stlaringiz bilan baham: |
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