Environment - guiding principles: statutory guidance

Footnotes

1. The duties are set out in Sections 14 and 15 of the Continuity Act. The duty on UK Ministers has been modified by section 19 of the Environment Act 2021 (see discussion at paragraph 4.4).

2. Consultation on Environmental Principles and Governance in Scotland – Published Responses

3. The section 14 duty on UK Ministers has been modified by section 19 of the Environment Act 2021 (see discussion at paragraph 4.4).

4. EU Environmental Principles and Founding Agreements

5. A consolidated version of the Treaty on the Functioning of the European Union can be found here

6. Ibid

7. Case C-180/96 UK v Commission

8. Case C-127/02 Landelijke Vereniging tot Behoud van de Waddenzee v Staatssecretaris van Landvouw

9. Cases C-175/98 and C-177/98 Fancesca Bizzaro et Paola Lirussi

10. As stated in sections 13(1) and (2) of the Continuity Act.

11. See further, Scottish Government SEA Guidance (2013)

12. See further, Report of the United Nations Conference on Environment and Development

13. See further, European Parliament, "Environment Policy: General Principles and Framework Fact Sheet" (2021).

14. See further, Report of the United Nations Conference on Environment and Development

15. EU Commission communication on the precautionary principle

16. SEA of Sectoral Marine Plan for Offshore Wind Energy

17. See further, Scottish Government, Strategic Environmental Assessment: pre-screening template(June 2015).

18. For further information about the SEA process, please see the Scottish Government SEA Guidance (2013)

19. Joined Cases C‑78/16 and C‑79/16 at paras 48 and 74

20. The Habitats Directive (europa.eu)

21. Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC - Commission Declaration

22. The Deliberate Release of Genetically Modified Organisms Directive (2001/18/EC)

23. At paragraph 139 of the Court's Judgement

24. European Commission "Communication on the Precautionary Principle" COM (2000).

25. 75/436/Euratom, ECSC, EEC: Council Recommendation of 3 March 1975 regarding cost allocation and action by public authorities on environmental matters

26. Environment action programme to 2030

27. Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage

28. C-534/13 - Reference for a preliminary ruling — Article 191(2) TFEU — Directive 2004/35/EC — Environmental liability

29. C-172/08 at para 36

30. C-129/16 at para 58 - Reference for a preliminary ruling — Environment — Articles 191 and 193 TFEU — Directive 2004/35/EC — Applicability ratione materiae — Air pollution caused by illegal waste incineration — Polluter-pays principle — National legislation establishing joint liability between the owner of the land on which the pollution occurred and the polluter.

31. Article 11 TFEU.

32. Joined cases C‑626/15 and C‑659/16 at 71

33. United Nations Conference on the Human Environment, 5-16 June 1972, Stockholm

34. Report of the United Nations Conference on Environment and Development

35. The Convention on Biological Diversity