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de Larragán, Javier de Cendra --- "Regulatory Dilemmas in EC Environmental Law: The Ongoing Conflicts between Competitiveness and the Environment" [2009] ELECD 314; in Cafaggi, Fabrizio; Muir Watt, Horatia (eds), "The Regulatory Function of European Private Law" (Edward Elgar Publishing, 2009)

Book Title: The Regulatory Function of European Private Law

Editor(s): Cafaggi, Fabrizio; Muir Watt, Horatia

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847201997

Section: Chapter 4

Section Title: Regulatory Dilemmas in EC Environmental Law: The Ongoing Conflicts between Competitiveness and the Environment

Author(s): de Larragán, Javier de Cendra

Number of pages: 38

Extract:

4. Regulatory dilemmas in EC
environmental law: the ongoing
conflicts between competitiveness and
the environment
Javier de Cendra de Larragán

I. THE EC MANDATE TO PROMOTE
COMPETITIVENESS AND ENVIRONMENTAL
PROTECTION
I.1. The Objectives in the Treaties

The EC Treaty mandates the Community institutions to achieve several objec-
tives, among others to achieve a high level of environmental protection (Arts.
2, 3, and 174­176 EC Treaty), to promote the competitiveness of its industry
(Arts. 2, 3, 136 and 137 EC Treaty), and to do so within the overarching aim
of achieving sustainable development (Art. 2 EC Treaty).
The protection of the environment and the promotion of competitiveness
being fundamental objectives of the EC, both carry equal weight in the elabo-
ration of EC policies and regulation.1 Article 3 EC refers to the activities of the
Community, which include, inter alia, a policy in the sphere of the environ-
ment and the strengthening of the competitiveness of Community industry.
The rationale of the integration principle set out in Article 6 EC is to make sure
that all EC policies integrate environmental protection requirements, including
obviously measures destined to promote competitiveness. The integration
principle guides policy making and is a criterion for the interpretation of EC
law.2 By virtue of it, the principles of Article 174 EC influence all EC policies,


1 Wasmeier, M. `The Integration of Environmental Protection as a General Rule
for Interpreting Community Law' (2001) 38 Common Market Law Review, 159­177,
at p. 163.
...