Article 35 - Health care
Article 37 - Environmental protection
Key facts of the case:
Reference for a preliminary ruling – Environment – Article 191 TFEU – Industrial emissions – Directive 2010/75/EU – Integrated pollution prevention and control – Articles 1, 3, 8, 11, 12, 14, 18, 21 and 23 – Articles 35 and 37 of the Charter of Fundamental Rights of the European Union – Procedures for the grant and reconsideration of a permit to operate an installation – Measures for the protection of the environment and human health – Right to a clean, healthy and sustainable environment
Outcome of the case:
On those grounds, the Court (Grand Chamber) hereby rules:
1. Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control), read in the light of Article 191 TFEU and Articles 35 and 37 of the Charter of Fundamental Rights of the European Union,
must be interpreted as meaning that the Member States are required to provide that the prior assessment of the effects of the activity of the installation concerned on the environment and on human health must be an integral part of the procedures for granting or reconsidering a permit to operate such an installation under that directive.
2. Directive 2010/75
must be interpreted as meaning that, for the purposes of granting or reconsidering a permit to operate an installation under that directive, the competent authority must take into account, in addition to the polluting substances that are foreseeable having regard to the nature and type of industrial activity concerned, all those polluting substances which are the subject of emissions scientifically recognised as harmful which are liable to be emitted from the installation concerned, including those generated by that activity which were not assessed during the initial authorisation procedure for that installation.
3. Directive 2010/75
must be interpreted as precluding national legislation under which the period granted to the operator of an installation to comply with the measures for the protection of the environment and human health provided for in the permit to operate that installation has been repeatedly extended, whereas serious and significant risks to the integrity of the environment and human health have been identified. Where the activity of the installation concerned presents such risks, the second subparagraph of Article 8(2) of that directive requires, in any event, that the operation of that installation be suspended.
71. In this connection, first, Article 35 of the Charter of Fundamental Rights of the European Union (‘the Charter’) provides that a high level of human health protection is to be ensured in the definition and implementation of all the European Union’s policies and activities. Secondly, in accordance with Article 37 of the Charter, a high level of environmental protection and the improvement of the quality of the environment must be integrated into the policies of the European Union and ensured in accordance with the principle of sustainable development.
72. Having regard to the close link between the protection of the environment and that of human health, Directive 2010/75 seeks to promote not only the application of Article 37 of the Charter, as stated in recital 45 of that directive, but also the application of Article 35 of the Charter, it not being possible to achieve a high level of protection of human health without a high level of environmental protection, in accordance with the principle of sustainable development. Directive 2010/75 thus contributes to protecting the right to live in an environment which is adequate for personal health and well-being, as referred to in recital 27 thereof.
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105. In the light of all the foregoing considerations, the answer to the first question is that Directive 2010/75, read in the light of Article 191 TFEU and Articles 35 and 37 of the Charter, must be interpreted as meaning that the Member States are required to provide that the prior assessment of the effects of the activity of the installation concerned on the environment and on human health must be an integral part of the procedures for granting or reconsidering a permit to operate such an installation under that directive.
