Edition 2020 Ninth edition
Environment 5.1. General
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a6048c931cdc93 TEGOVA EVS 2020 digital
5. Environment
5.1. General 5.1.1. Valuations and environmental regulation — Environmental regulation can impose large costs on property owners and users, making it important to understand the potential for its impact in any particular situation and its consequence for property values. These concerns will be shared by lenders and also need to be considered in lettings. 5.1.2. Growth of EU environmental legislation — The EU has over the past decades put in place a broad range of environmental legislation. 356 VII. European Union Legislation and Property Valuation European Valuation Standards 2020 5.1.3. At first, this was driven by concerns to ensure a safe environment, stimulated by incidents such as the exposure in 1976 of the population of Seveso and neighbour- ing settlements near Milan to dioxins following an incident at a chemical manu- facturing plant. Nowadays, the activity of the EU in environmental policy is mainly extending on the basis that many issues see both causes and effects extending beyond the reach of individual countries. 5.1.4. The EU's role in environmental policy is now also confirmed in Article 191(2) TFEU stating that "Union policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the Union. It shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay". In addition, Article 11 TFEU states that "environmental protection requirements must be integrated into the definition and implementation of the Union's policies and activities, in particular with a view to pro- moting sustainable development". 5.1.5. The effect is that environmental protection is now an integral part of the frame- work of EU legislation and that, alongside the precautionary and the polluter pays principles, sustainable development has been affirmed as a core principle. However, it should be noted that environmental protection is not an overriding objective. In this context, the CJEU has explained that "although protection of the environment must be integrated into the definition and implementation of EU pol- icies, particularly those which have the aim of establishing the internal market, it does not constitute, per se, one of the components of that internal market, defined as an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured" (judgment in the case T-356/15, Austria v Com- mission). Accordingly, the CJEU found that State aid for the promotion of nuclear energy cannot be called into question by its possible effects on the implementa- tion of the principle of protection of the environment, the precautionary principle and the polluter pays principle. 5.1.6. Environment Action Programme — The EU not only agrees specific legislation but also frames general environmental policies. In 2013 the European Parliament and the Council adopted the seventh Environment Action Programme (EAP) that sets the principles guiding European environment policy until 2020. The EAP identi- fies three key objectives, namely (i) to protect, conserve and enhance the Union's natural capital, (ii) to turn the EU into a resource-efficient, green, and competitive low-carbon economy and (iii) to safeguard the EU's citizens from environment-re- lated pressures and risks to health and well-being. The EAP also sets out a vision of where it wants the EU to be by 2050: Download 1.74 Mb. Do'stlaringiz bilan baham: |
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