The Programmatic Approach; a Flexible and Complex Tool to Achieve Environmental Quality Standards

Abstract

This contribution focuses on the integrated or programmatic approaches at both the European and national level, which are used as a tool to attain environmental quality standards. These approaches leave much room for flexibility with respect to the choice of measures to be adopted in order to achieve the quality standards. However, difficulties can arise while implementing the integrated or programmatic approach. Instruments or measures which are laid down in other relevant EU legislation can for instance restrict flexibility in the choice of measures. Furthermore, the polluter pays principle requires a fair allocation of costs in situations where multiple polluters have contributed to the pollution. In the Netherlands the principle of égalité devant les charges publiques applies. In principle, polluters will not have a right to compensation for the costs of environmental measures. However, in special circumstances, liability in damages based on a breach of égalité could be an issue.