EU Environmental Protection in Regard to Sustainable Development: Myth or Reality?

Abstract

According to conclusions agreed to in the 1995 Report of the World Summit for Social Development and the 2015 Sustainable Development Summit, seventeen sustainable development goals (SDGs) have been ratified and published as the 2030 Agenda for Sustainable Development. In 2022, the 8th Environment Action Programme was legally agreed upon, following the six European Green Deal priorities. These SDGs serve as a constant reminder of the importance of globally coordinated actions in compliance with the theory of sustainable development. However, more than a constant reminder, this international agreement should become the foundation for necessary change. On 22 July 2024, the daily global average temperature reached a new record high. The EU treaties signed between 1951 and 2007 laid the foundation for the creation of EU environmental policy. However, those EU treaties, along with environmental policy, form merely a non-binding and minimum set of priorities without any sanctions imposed for illegal practices. In 2021, EU member countries adopted the European Climate Law as the first legally binding document seeking to achieve goals set by the Paris Agreement and the European Green Deal. Any further EU sustainable development policies are dependent on global cooperation as a key element of survival. With the EU’s dependent on the rest of the world for its energy, the forcing of any obligatory change will be hard to achieve. This proves the importance of the 17th SDG, agreed in 2015. Only global partnership for sustainable development can prevent further damage to our ecosystem and achieve priorities set by the EU and UN agendas. The review aims to present the connection between sustainable development (SD) goals defined by the European Commission, for which the most important aspects are the need to meet the environmental requirements to protect future needs in the long run, and to confront the shortcomings of European law-making practices, in which most crucial reforms are presented as non-binding legal acts. Finally, in 2024 members of the European Parliament established an extended list of environmental crimes to be regarded as punishable offences and replaced the Environmental Crime Directive, making criminal activities and offences potentially legally punishable; however, it is yet to be seen how this initiative will be incorporated within the national legislations of each EU member country and to what extent.

1. Introduction

In the 1980s, the theory of sustainable development (SD) was developed and has slowly become the main agenda at both the national and international levels [1].

The European Commission (EC) defines sustainable development (SD) as meeting society’s current needs through three pillars (economic, environmental and social), while simultaneously ensuring that future needs are achievable. However, can society depict the future and assume future needs in any way? Social, economic or environmental needs are not only barely foreseeable in the long run, but also highly variable even over a five-year time span.

This study reflects on European environment legislation procedures in connection with sustainable development goals and in regard to the early beginnings of sustainable development theory by the United Nations, from its establishment of the Economic and Social Council (ECOSOC) in 1945 until the onset, in 2019, of the European Green Deal (EGD) strategy. In Section 1 and Section 2, the paper covers the history of the creation and classification of the sustainable development goals (SDGs), with the history of European environment strategy and the background of EU legislation consisting mainly of legally non-binding legislative acts. Finally, Section 4, Section 5 and Section 6 address the intention of EU policy makers to bring firmer structure to environment legislation and concrete penalties, such as maximum term of imprisonment for those intentionally violating sustainable development goals regarding environment protection (SDG 6 on clean water and sanitation, SDG 7 on affordable and clean energy, SDG 12 on responsible consumption and production, SDG 13 on climate action and SDG 15 on life on land).

The European Green Deal (EGD) was issued in 2019, in order to make the European Union climate neutral by 2050 [2]. The first binding climate law produced was the European Climate Law, which entered into force in the summer of 2021 with a primary target of reducing net CO₂ net emissions by at least 55% by 2030, in comparison with 1990 levels.

However, CO₂ net emissions rose precipitously in 2023 and reached a record of 37.4 billion metric tons (Gt). Global CO₂ net emissions have increased by more than 60 percent since 1990, primarily due to the onset of industry in China and the United States of America (USA) [2]. Regardless of the success that European countries have had in reducing CO₂ net emissions, the world is connected, and the problem cannot be solved by forcing laws locally. According to an International Energy Agency (IEA) report, total CO₂ emissions from energy combustion in the European Union (EU) declined by almost 9% in 2023, while total CO₂ emissions from energy combustion in China increased by 4.7% [3].

In March 1995, the World Summit for Social Development was held in Copenhagen. This summit was considered to be the largest summit ever held, with 14,000 attendees from 186 countries [4,5].

The final report concluded the following [4]:

(1) the significance of social development and human wellbeing for all and to give to these goals the highest priority both now and into the twenty-first century;

(2) that there is an urgent need to address profound social problems, especially poverty, unemployment and social exclusion;

(3) that the societies must respond more effectively to the material and spiritual needs of individuals, their families and the communities in which they live throughout our diverse countries and regions;

(4) that democracy and transparent and accountable governance and administration in all sectors of society are indispensable foundations for the realization of social and people-centred sustainable development;

(5) that social development and social justice are indispensable for the achievement and maintenance of peace and security within and among our nations;

(6) that economic development, social development and environmental protection are interdependent and mutually reinforcing components of sustainable development;

(7) that social development is central to the needs and aspirations of people throughout the world and to the responsibilities of governments and all sectors of civil society;

(8) that people are at the centre of our concerns for sustainable development and that they are entitled to a healthy and productive life in harmony with the environment;

(9) that all countries must support and promote efforts, such as the enhancement of social development, so that all men and women, especially those living in poverty, may exercise the rights, utilize the resources and share the responsibilities that enable them to lead satisfying lives and contribute to the wellbeing of their families, their communities and humankind;

(10) to launch a new commitment to social development in each country and a new era of international cooperation between governments and peoples based on a spirit of partnership, one that puts the needs, rights and aspirations of people at the centre of decisions and joint actions;

(11) to be aware of the difficulty of the tasks that lie ahead but with a conviction that major progress can be achieved, must be achieved and will be achieved;

(12) to commit to a declaration and programme of action for enhancing social development and ensuring human wellbeing for all throughout the world now and into the twenty-first century.

Little has changed between the World Charter for Nature being adopted by the United Nations in 1982 [6]—with the conclusion that all invited member states have the right to exercise their permanent sovereignty over their natural resources and to conduct their activities in recognition of the supreme importance of protecting natural systems, maintaining the balance and quality of nature and conserving natural resources, in the interests of present and future generations—and the World Summit for Social Development in 1995.

In September 2015 the Sustainable Development Summit was held and 193 member states of the United Nations accepted the 2030 Agenda for Sustainable Development [7]. The following 17 sustainable development goals (SDGs) have been ratified by all UN member states [7]:

(1) No poverty: End poverty in all its forms everywhere.

(2) Zero hunger: End hunger, achieve food security, improve nutrition, and promote sustainable agriculture.

(3) Good health and wellbeing: Ensure healthy lives and promote wellbeing for all at all ages.

(4) Quality education: Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all.

(5) Gender equality: Achieve gender equality and empower all women and girls.

(6) Clean water and sanitation: Ensure availability and sustainable management of water and sanitation for all.

(7) Affordable and clean energy: Ensure access to affordable, reliable, sustainable and modern energy for all.

(8) Decent work and economic growth: Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all.

(9) Industry, innovation, and infrastructure: Build resilient infrastructure, promote inclusive and sustainable industrialization and foster innovation.

(10) Reduce inequalities: Reduce inequality within and among countries.

(11) Sustainable cities and communities: Make cities and human settlements inclusive, safe, resilient and sustainable.

(12) Responsible consumption and production: Ensure sustainable consumption and production patterns.

(13) Climate action: Take urgent action to combat climate change and its impacts.

(14) Life below water: Conserve and sustainably use the oceans, seas and marine resources for sustainable development.

(15) Life on land: Protect, restore and promote the sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification, and halt and reverse land degradation and halt biodiversity loss.

(16) Peace, justice and strong institutions: Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.

(17) Partnerships: Strengthen the means of implementation and revitalize the Global Partnership for Sustainable Development.

The EU has not implemented any legally binding law in recent decades regarding environmental protection. As far as law implementation, the EU does not force any obligatory law into action. In general, the EU law system has several types of legal acts, from opinions/regulations to recommendations. Opinions and recommendations are non-binding suggestions (non-legislative acts). The treaties set basic objectives to reform certain areas and should be ratified by all members. Specifically addressed legal obligations come in the form of decisions (related to a specific case or subject), directives (a non-obligatory set of specific rules addressing certain problems that can be freely incorporated at the national level) and regulations (binding legal documents entering into force for every member country). Regulations are the only type of binding legislative act in the EU beyond implementing acts, which act as legally binding tools of the European Commission (EC), by which to implement certain EU laws. European member countries act on recommendations by the EC and are given some flexibility with regard to how to implement these requirements, which in turn usually results in non-forceable provisions without any serious national legislation changes or sanction programme.

The European Green Deal (EGD) is merely a communication and thus serves as a set of guidelines without any serious evaluation criteria or penalty or reform systems. The EGD merely represents an explanation and evaluation of the environmental programme, or a summary of future legislation prospects or frameworks. Communication is intended to serve as notice of concrete measures from the EC to the institutions of the EU, from the Council of Ministers to the European Parliament. The European Green Deal (EGD) has estimated the need to invest at least 1 trillion EUR of sustainable investments from 2021 to 2027 through the European Green Deal Investment Plan (EG-DIP), also referred to as the Sustainable Europe Investment Plan (SEIP), in order to facilitate public (503 billion EUR from the EU budget, 25 billion EUR from the EU emissions trading system, 114 billion EUR from national co-financing structural funds and 143 billion EUR from the Just Transition Mechanism) and private investments (at least 279 billion EUR) needed for the transition to a climate-neutral, green, competitive and inclusive economy [8].

The EGD implements one capital pillar of the sustainable development concept to force the other two pillars to build. In order to achieve environmental stability, the EGD uses its investment plan to force Europe’s environmental and social transition in line with the sustainable development (SD) concept and the 1995 conclusion points set by the World Summit for Social Development. Beyond increasing funding for this transition, the EGD is set to enable a framework for both the private and public sectors so as to facilitate sustainable investments and to provide support to administration authorities in fostering sustainable projects [9]. In 2024, the first results can be seen.

According to the Institute for European Environmental Policy, as much as 67% of EU experts fear weakening the EGD agendas after the European elections. A proportion of 62% of them think that EU member state governments do not devote enough commitment to EGD implementation.

Europe is affected by the COVID-19 pandemics, the Russia–Ukraine war and inflation. Even among EU member states, differences are seen in commitment to the EGD, with Hungary considered as “least committed” and Denmark “most committed” to EGD implementation [10].

2. Standards for Sustainable Development

In 1945, the United Nations established the Economic and Social Council (ECOSOC), part of the UN’s system to advance the three dimensions of sustainable development [11,12]. In 1947, ECOSOC founded the United Nations Economic Commission for Europe (UNECE). Currently, UNECE, as a multilateral platform, consists of 56 countries from the European, Asian and North American continents [13]. It functions as a platform by which to implement the outcomes of the global UN’s conferences and summits and has established norms, standards and conventions which have been agreed upon. One of the key actions is to establish standards for sustainable development.

The UNECE acts as a platform initiating collaboration between standards bodies around the world. It promotes the use of standards by policymakers in the areas of air pollution, clean water and sanitation, sustainable future energy systems, affordable and clean energy, sustainable cities and communities, preservation of ecosystems, climate action, etc. [12,14,15] in accordance with the 2030 Agenda for Sustainable Development. The platform connects policymakers with key international standard-developing organizations, such as ASTM International, the International Organization for Standardization (ISO), the International Electrotechnical Commission (IEC), the Institute of Electrical and Electronics Engineers (IEEE), the International Civil Aviation Organization (ICAO), the World Intellectual Property Organization (WIPO), etc. [16,17].

Table 1. The number of standards and publications according to each sustainable development goal (SDG) published up to 2024 among the main international standard organizations [16,17].

SDG	Organization
	ASTM	ISO	ICAO	IEC	IEEE	WIPO
SDG 1 No poverty	0	340	6	625	0	0
SDG 2 Zero hunger	0	345	9	451	0	0
SDG 3 Good health and wellbeing	25	2431	11	1260	2	0
SDG 4 Quality education	0	360	1	1144	1	0
SDG 5 Gender equality	0	9	0	685	0	0
SDG 6 Clean water and sanitation	684	192	0	623	1	0
SDG 7 Affordable and clean energy	168	519	4	1963	7	0
SDG 8 Decent work and economic growth	3	1533	9	1326	0	0
SDG 9 Industry, innovation, and infrastructure	53	8942	18	3300	8	41
SDG 10 Reduced inequalities	0	50	10	927	1	0
SDG 11 Sustainable cities and communities	385	150	8	1522	13	0
SDG 12 Responsible consumption and production	119	166	1	1461	9	0
SDG 13 Climate action	131	50	4	1231	1	0
SDG 14 Life below water	7	16	0	176	0	0
SDG 15 Life on land	32	30	1	573	1	0
SDG 16 Peace, justice and strong institutions	0	4	5	546	0	0
SDG 17 Partnerships	0	0	8	1377	0	0
TOTAL *	1065	15,137	18	4362	16	41

* Standards can overlap between different SDGs.

shows the number of standards and publications according to each sustainable development goal (SDG) published up to 2024 among the main international standards organizations.

The UNECE launched a repository of standards called the Portal on Standards for SDGs [16], helping the public to identify standards in accordance with individual Sustainable Development Goals (SDGs). This repository was created through global partnerships with international standards-developing organizations, in compliance with the 2030 Agenda for Sustainable Development [7].

SDG 6, 7, 12, 13, 14 and 15 of the 2030 Agenda for Sustainable Development [7] are directly concerned with the achievement of environmental protection and implementation of the six European Green Deal (EGD) priorities [2,18].

Achieving net-zero greenhouse gas emissions by 2050, as the first EGD priority, and pursuing a zero-pollution ambition, as the fourth EGD priority, are made possible by pursuing SDG 7 for affordable and clean energy; SDG 12, which ensures sustainable consumption and production; and SDG 13, which is concerned with taking urgent action to limit the climate-related hazards of the 2030 Agenda for Sustainable Development [7].

The second EGD goal for strengthening resilience and reducing vulnerability to climate change is in line with SDGs 6, 7, and 12 to 15 of the 2030 Agenda for Sustainable Development.

The transition to a circular economy, as the third EGD goal, and reducing environmental and climate pressures related to production and consumption, as the sixth EGD goal, could be achieved through the smart implementation of the 2030 Agenda for Sustainable Development and, in particular, its 12th SDG, which aims to ensure sustainable consumption and production. Implementation of the 3Rs—reducing, reusing and recycling [19]—gives the opportunity to provide substantial environmental and economic benefits. The simultaneous implementation of the circular economy concept and of sustainable waste management solutions can provide benefits through the management of raw, reused or recycled waste materials in an environmentally friendly manner.

Creating a toxic-free environment in line with a zero-pollution ambition (goal 4 in the EGD) for the environment focuses on implementing SDGs 13 to 15 in the 2030 Agenda for Sustainable Development.

The fifth EGD goal of preserving and restoring biodiversity is in line with the EC’s crucial strategy [7] and focuses on fighting biodiversity loss by implementing SDG 14 (natural water resources preservation) and SDG 15 (land degradation termination) of the United Nations’ sustainable development goals.

SDG 6, on the sustainable management of water and sanitation for all, is implemented through 1501 international standards, while SDG 7, on implanting affordable and cleaner energy resources (solar, wind, geothermal, hydropower and bioenergy), is supported by 2663 international standards [16]. The UN’s 2030 Agenda [7], directly focusing on environmental protection, is described in SDG 13, 14 and 15. The scope of SDG 13 is covered by 1418 international standards. As consensually approved documents, these standards set rules and guidelines in achieving favourable actions. SDG 14, on combating climate change, can be enforced by 199 international standards, ranging in scope from electrical and electronic goods to safety management and the preservation of water quality. A total of 637 international standards, adopted by the IEC, IEEE, ASTM, ISO and the remaining international standards-developing organizations, are bound to establish the implementing actions in covering soil pollutants, soil quality, material testing methods and safety specifications [16].

3. The History of EU Treaties Creating the Concept of Sustainable Development

From the early beginnings of European legislation, treaties signed from 1951 to 2007, when the Treaty of Lisbon was signed, have helped to foster the idea of creating EU environmental legislation that will help to protect the crucial environment elements in regard to sustainable development goals. The first legally binding EU environmental legislative procedures came after 2009, producing a consolidated version comprising the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU).

The first EU members’ binding agreements were the Treaty on the European Union and the Treaty on the Functioning of the European Union. In 1951 the Treaty establishing the European Coal and Steel Community was issued [20] and in 1957 the Treaties of Rome were signed to regulate the customs union and the EU common market (European Economic Community (EEC)) [21] and the European Atomic Energy Community (Euratom) [22]. Joint policies among EU member countries include common agricultural, trade and transport policies, and these laid the foundation for further joint policies and the creation of a European Social Fund (ESF) and a European Investment Bank (EIB).

In 1992, the Treaty on European Union (TEU), based on the Maastricht Treaty, was signed and laid the foundation for EU legislation [23]. This treaty opened the doors to binding integration between all member countries, introducing concepts of a single European currency (EMU, European economic and monetary union), shared EU citizenship and shared laws (the Eurozone). The three ground stones set by the Treaty on European Union (TEU), known as the three pillars of the EU, are the European Economic Community (EEC), the European Coal and Steel Community (ECSC) and the European Atomic Energy Community (Euratom). Beyond defining an open market and setting guidelines for a common nuclear energy market and the free movement of coal and steel, mainly between Belgium, Germany, France, Italy, Luxembourg and the Netherlands, the TEU treaty amplified the need to establish stronger cooperation through common foreign and security policies and intergovernmental cooperation in matters of internal affairs and justice between EU member states. After signing in 1992, the TEU has been adjusted to the growing needs of newly accepted EU members.

The current version of EU laws comprises a combination of amends signed in 1951 (the Treaty of Paris, establishing the European Coal and Steel Community) [20], 1957 (the Treaties of Rome, establishing the European Economic Community (EEC) [21] and the European Atomic Energy Community (Euratom) [22]), 1992 (the Treaty of Maastricht, creating three pillars of the EU: the European Communities, the Common Foreign and Security Policy (CSFP) and Justice and Home Affairs (JHA) [23]), 1997 (the Treaty of Amsterdam, creating a community employment policy) [24], 2001 (the Treaty of Nice, resolving the EC’s composition and voting) [25], 2007 (the Treaty of Lisbon, establishing the Functioning of the European Union (TFEU), redefining the EU’s decision-making process and reforming its internal and external policies) [26].

A short historical overview of all European treaties is given in

Table 2. EU treaties and environmental policies.

Document Title	Year Published	Novelty
Treaty of Paris, establishing the European Coal and Steel Community	1951	First binding regulation of customs in EU EU common market creation Establishing the European Atomic Energy Community
Treaties of Rome, establishing the European Economic Community (EEC) and the European Atomic Energy Community (Euratom)	1957
Treaty on European Union (TEU)	1992	Introducing the concepts of a single European currency, shared EU citizenship and shared laws
Treaty of Maastricht	1992	Creating three pillars of the EU: 1. European Communities, 2. Common Foreign and Security Policy (CSFP) 3. Justice and Home Affairs
Treaty of Amsterdam	1997	Community employment policy
Treaty of Nice	2001	EC composition and voting
Treaty of Lisbon, establishing the Functioning of the European Union (TFEU)	2007	Redefining EU decision-making process Reforming the EU’s internal and external policies

.

The only legally binding EU environmental legislative procedures came after signing the Treaty of Lisbon in 2007, which entered into force at the end of 2009. It gives a consolidated version comprising the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU).

Article 2, Section 3 in the Treaty of Lisbon defines EU sustainable economic, social and environmental development based on the following [26]:

1. an economic pillar described as the need to establish balanced economic growth and price stability;

2. a social pillar setting a need to secure a highly competitive social market economy, aiming at full employment and social progress;

3. an environmental pillar which aims to create a high level of protection and improvement of the quality of the environment by securing the sustainable management of global natural resources, in order to ensure sustainable development.

Article 174 includes the need to promote measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change, while article 176A defines the need to promote energy efficiency and energy saving and develop new and renewable forms of energy [26].

The word “environment” is mentioned only twelve times throughout the whole document, while the phrase “sustainable development” is mentioned only five times in the entire Treaty of Lisbon, including related concepts.

The environmental policy set by the EU does not regulate activities but rather defines vague objectives to be achieved [27]. Although the preamble of the Treaty on European Union (TEU) states that all eleven EU signing member states (Belgium, Denmark, Germany, Ireland, Spain, France, Italy, Luxembourg, Netherlands, Portugal, United Kingdom) are determined to “promote economic and social progress for their peoples, taking into account the principle of sustainable development and within the context of the accomplishment of the internal market and of reinforced cohesion and environmental protection, and to implement policies ensuring that advances in economic integration are accompanied by parallel progress in other fields” [28], no concrete set of rules was ever established regarding sustainable development.

The only mention of sustainable development in the context of promoting the idea behind this concept is mentioned in article 11 of the Treaty on the Functioning of the European Union (TFEU). The idea of emphasizing the need to protect the environment as a keystone in achieving sustainable development is described as the need to set environmental protection requirements and to integrate those requirements “into the definition and implementation of the Union’s policies and activities, in particular with a view to promoting sustainable development” [28].

Article 191 of the TFEU sets EU environmental policy by merely four objectives to be followed. One being the need to preserve, protect and improve the quality of the environment. The second being the need to protect human health and the third is described as the need to rationally utilize natural resources, considering the diversity of situations in the various EU regions. The fourth of these introduced the onset of the necessity to establish firm international measures to deal with environmental problems and climate change [27,28]. As article 191 states, any actions taken in preparing the official EU environmental policy, and any actions to be taken in the future, should be in regard to international cooperation. After signing the TFEU, all EU countries agreed to finance and implement the environment policy (article 192) simultaneously allowing any EU member country to implement a stricter set of protective measures according to TEU and TFEU treaties (article 193).

Upon ratifying articles 11 and 191 to 193, a basic framework for European environmental policy was created.

4. The Creation of EU Environment Policy

Both the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) contributed to creating a European environmental protection framework, although neither of these established any legislative procedures for environmental criminal acts or arrived at any sanctions to be imposed for those pursuing illegal practices resulting in harmful consequences to the quality of air, soil or water, or substantial damage to an ecosystem, animals or plants. This was to be the case until the end of 2023, when the EU members agreed to, and published, an extended list of environmental crimes to be regarded as punishable offences, which will be explained in detail in Section 5. Without drafting the European Green Deal priorities and associated strategies, the European citizens would without the clear legislation framework that emerged from those initiatives, providing them with the means by which to combat the clear aftermath of climate change.

The European environment policy is based on four rules deriving from articles 11, 191, 192 and 193 of the Treaty on the Functioning of the European Union (TFEU) and on international declarations such as the Stockholm Declaration and the Action Plan for the Human Environment (adopted in 1972 at the United Nations (UN) Conference on the Human Environment) and four declarations adopted in 1992 after the Earth Summit (Agenda 21, the Rio Declaration, the UN Framework Convention on Climate Change (UNFCCC), and the Convention on Biological Diversity) [29].

Those four rules are somewhat explained in terms of the following four aspects: precaution, prevention, perceiving pollution at its source and paying for the damage caused by eventual pollution.

The first principle is the principle of precaution, stating that, if an action or policy has the potential to cause harm to the environment or public health, and there is persisting scientific uncertainty about its effects, this action should not be applied until further evidence is provided. The second principle of prevention highlights the need to consider prevention as a tool aimed at preventing environmental damage through preventive measures. The third principle is that of perceiving the source of pollution by acknowledging the pollution at its source and obliging the polluters to take the appropriate measures to remedy it at the point of origin. The last principle is the principle called “Polluter pays.” If any environmental damage has occurred, the polluters are obliged to remedy the damage and pay for the costs, as implemented through the Environmental Liability Directive [18]. The Environmental Liability Directive defines terms such as environmental (both to the protected species and natural habitats), water or land damage intentionally inflicted by human actions. However, in the midst of describing the actions leading to health risks and the loss of biodiversity, only a few reasons to prevent the environmental damage are covered by this directive. Only occupational activities which could endanger protected species and natural habitats fall into the scope of this directive. The damage caused by war and nuclear weapons do not apply, although they cause severe damage to the environment. The Environmental Liability Directive [20] covers preventive actions, remedial actions and cost coverage.

The basic framework of the EU’s environmental policy is formed through (a) environment action programmes (EAPs), (b) horizontal strategies, (c) international environmental cooperation, (d) environmental impact assessments and (e) implementation of EU environmental policy at national, regional and local levels. In 2022, the 8th Environment Action Programme [17] was legally agreed upon, following the six European Green Deal priorities.

The six European Green Deal (EGD) priorities are as follows [2]:

(1) achieving net-zero greenhouse gas emissions by 2050,

(2) strengthening resilience and reducing vulnerability to climate change,

(3) accelerating the transition to a circular economy,

(4) pursuing a zero-pollution ambition,

(5) preserving and restoring biodiversity, and enhancing the natural capital,

(6) reducing environmental and climate pressures related to production and consumption.

Or, in other words, the following [30,31]:

(1) Decarbonizing the EU by supplying clean energy and zero pollution policies.

(2) Transitioning to a circular economy—several EU members have started promoting circular construction and production, repair of electronic equipment and waste management procedures in line with the circular economy agenda [31].

(3) Creating and adapting buildings into energy-efficient spaces—a majority of the EU member states have problems in regard to old and outdated housing and industrial infrastructure, which should be adapted to new insulation, quality and safety standards to serve better a purpose either in their primary form or to be transformed and converted into public infrastructure of a different purpose. In order to do so, the EU member governments in question (Belgium, Croatia, Cyprus, Austria, Czechia, Greece, Spain, Ireland, Lithuania, Malta, Romania, Slovakia, Slovenia, etc.) are planning their renovation policy framework changes to increase investments aimed at renovating, adapting and reconstructing their public and private buildings [31].

(4) Designing sustainable food systems—the strategy ‘Farm to Fork’ is trying to amend large GHG emissions accounted for by the food sector. Sustainable food systems proposed by this strategy try to battle not only substantial GHG emissions, but also the large amounts of natural resources being used in food production, allowing fair economic returns and livelihoods for all stakeholders [30].

(5) Making transport and mobility systems more sustainable—transport emissions represent around 25% of the EU’s total GHG emissions and urban mobility has become a key focus area, prompting the publishing of the European Urban Mobility Framework in 2021 [30,32,33]. According to the EU, it is mandatory to make all new motor vehicles registered in Europe zero-emission vehicles by 2035, to create sufficient public infrastructure and to increase the number of electric recharging and hydrogen refuelling stations.

(6) Preserving and restoring ecosystems and biodiversity [33]—the EU’s EGD [2] and Biodiversity Strategy for 2030 [34] has set a long-term plan to protect Europe’s biodiversity and create room for nature’s recovery, especially in the context of a climate change that has resulted in frequent forest fires, floods, drought, etc.

Horizontal strategies rely on (1) the sustainable development strategy (SDS) [17], established in the Treaty of Lisbon; (2) the biodiversity strategy for 2030 [34]; and (3) the Farm to Fork strategy described as a part of the European Green Deal. However, although every single EU treaty or policy regarding sustainable development or environmental protection defines goals to be achieved, these ultimately draft an ideal future, without forcing any obligation on to EU member states.

In 2021, EU member countries adopted the European Climate Law [35] in order to legally bind Europe to achieve EGD priorities and net-zero greenhouse gas emissions by 2050. The target was set to reduce net greenhouse gas emissions by at least 55% by 2030, compared with 1990 levels and in line with the Paris Agreement [36]. EU greenhouse gas emissions were reduced by 24% between 1990 and 2019. The Paris Agreement was adopted by 196 countries during the Conference of the Parties (COP) held between November and December 2015 in Paris, France and organized by the United Nations as the Climate Change Conference. Both the Paris Agreement and European Climate Law set the target of reducing net greenhouse gas (GHG) emissions. The historical background for each EU legally binding environmental policy is given in

Table 3. Background of the EU’s environmental policies.

Document Title and Year of Publication	Foundation	Year of Creation
European environment policy	Action Plan for the Human Environment	1972
	Stockholm Declaration	1972
	Articles 11, 191, 192 and 193 of the Treaty on European Union (TEU)	1992
	Agenda 21	1992
	The Rio Declaration	1992
	The UN Framework Convention on Climate Change (UNFCCC)	1992
	The Convention on Biological Diversity	1992
2022: The 8th Environment Action Programme to 2030	European Green Deal (EGD)	2019
2021: European Climate Law	Kyoto Protocol	1997
	Paris Agreement	2015

.

Carbon dioxide (CO₂) is the most important greenhouse gas and in the early 2000s accounted for 82% of total European Commission (EC) emissions [37]. In 1990, global CO₂ emissions were 20.5 billion tonnes (Gt). They reached 33.5 Gt in 2018, to reach a record high of 37.4 Gt in 2023 [38]. The greenhouse gas emission trends among 15 EU member states in 1990 showed the highest GHG emissions (expressed as carbon dioxide equivalents, CO₂eq) in Germany (1222.8 million tonnes CO₂eq) and lowest in Luxembourg (10.8 million tonnes CO₂eq). Overall GHG emissions in the EU were 4207.6 million tonnes of CO₂eq (4.2 Gt CO₂eq). The two largest emitters in the EU in 1990 were Germany and the United Kingdom (UK), accounting for 40% of GHG emissions in the European Commission (EC) [36]. Of all GHGs (carbon dioxide (CO₂₎, nitrous oxide (N₂O), methane (CH₄), industrial fluorinated gases (hydrofluorocarbons (HFCs) and perfluorocarbons (PFCs)), CO₂ is the major emitted gas. In 1990, CO₂ emissions for 15 member states were 3.34 Gt and 77% of the EU’s total CO₂ emissions came from fossil fuel combustion, meaning that EU member states were responsible for almost one sixth of the global GHG emissions [37].

5. The Reality

The abovementioned treaties and environmental policy form merely a non-binding minimum set of priorities, without any sanctions imposed for illegal practices.

In the end of 2023 members of the European Parliament adopted an extended list of environmental crimes to be regarded as punishable offences [39,40]. The list of environmental criminal offences in Directive 2008/99/EC [41] was replaced by the new Environmental Crime Directive, accepted in 2024 [42]. The 2008 Environmental Crime Directive (ECD) emphasized the need to pursue more dissuasive sanctions for harmful acts causing substantial damage to the environment, referring to soil, water and air pollution or fauna and flora habitat destruction. The 2024 Environmental Crime Directive addressed several shortcomings of the 2008 Environmental Crime Directive, extending the list of criminal offences and penalties, and setting new rules and definitions. The novelty here is definitely the need to more forcefully provide a stricter national law system in order to prosecute and criminalize environmental criminal offences. This 2024 Environmental Crime Directive attempts to endorse the third principle, colloquially referred to as the “Polluter pays” principle, of European environmental policy [29], expanding the environment criminal offence list. The 2024 ECD proposes minimum rules with regard to the definition of criminal offences and penalties as explained in article 3 [34].

The extended list of environmental criminal offences introduces new potential criminal actions, such as the following, described in Article 3, paragraph 2:

(a) the emission of a quantity of materials or substances, energy or ionising radiation, causing the damage to an ecosystem, animals or plants;

(b) the sale and trading of substances and energy described in point (a);

(c) the production, trading and use of unknown substances and compounds causing death or damage to an ecosystem, animals or plants;

(d) the production, trading and use of mercury, mercury compounds, or mixtures of mercury;

(e) the execution of projects within the meaning of Directive 2011/92/EU [43] and falling within the scope of interventions in the natural surroundings and landscape, including those involving the extraction of mineral resources and those named within annexes I and II of the same 2011 directive (describing crude-oil refineries, thermal power stations, installations for the reprocessing of irradiated nuclear fuel, smelting of cast iron and steel, metallurgical, chemical or electrolytic processes refineries, installations for the extraction and processing of asbestos, chemical conversion processes plants, construction of lines for long-distance railway traffic, airports, motorways and express roads, constructions of inland waterways and ports, waste disposal installations, groundwater abstraction or artificial groundwater recharge schemes, transfer of water resources, waste water treatment plants, plants for the extraction of petroleum and natural gas, installations designed for the holding back or permanent storage of water, pipelines, farms for the intensive rearing of poultry or pigs, timber pulp or similar fibrous material industrial plants, open-cast mining, overhead electrical power lines, storage facilities of petroleum, petrochemical, or chemical products and geological storages of carbon dioxide),

(f) the collection, transport or treatment of waste and other hazardous substances—any potential substantial damage that could be result from this and do harm to the quality of air, soil or water, or substantial damage to an ecosystem, animals or plants is described in points:

(g) the shipment of waste and other hazardous substances falling within the scope of Regulation (EU) 2024/1157 [44],

(h) the unlawful recycling of ships falling within the scope of Regulation (EU) No 1257/2013 [45],

(i) the ship derived discharge of polluting substances falling within the scope of Article 3 of Directive 2005/35/EC [46],

(j) the operation or closure of an installation dealing with dangerous substances falling within the scope of Directive 2012/18/EU [47],

(k) the construction, operation and dismantling of an installation dealing with dangerous substances falling within the scope of Directive 2013/30/EU [48],

(l) the production, trading and use of radioactive material or radioactive substances,

(m) the abstraction of surface water or groundwater to cause substantial damage to the ecological status or ecological potential of surface water bodies or to the quantitative status of groundwater bodies,

(n) and (o) the killing, possession or sale of specimens/parts or derivatives of a species of wild fauna or flora,

(p) the placing or making available on the EU market commodities or relevant products, in breach of the prohibition described in Article 3 of Regulation (EU) 2023/1115 (the rule to make commodities available on the market only if they are deforestation-free, in accordance with the relevant legislation of the country of production and which are covered by a due diligence statement) [49],

(q) the actions resulting in the deterioration of a habitat within a protected site or animal species,

(r) the spreading of an invasive alien species of EU concern,

(s) the production, trading and use of ozone depleting substances,

(t) the production, trading and use of fluorinated greenhouse gases, whether alone or as mixtures.

Described criminal activities and offences listed in 2024 ECD should be punished, in regard to elements such as (a) the baseline condition of the affected environment, (b) the durability and (c) extent of damage imposed to the environmental site, and (d) the reversibility/irreversibility of the damage. Article 5 of the 2024 ECD introduces concrete penalties, such as a maximum term of imprisonment of at least 10 years if there is a death of any person as a result of criminal activities falling under the scope of article 3, paragraph 2 (points a, d, f, j, k, l and r). At least 8 years of prison is ordered for unlawful criminal offences falling within the scope of article 3, paragraph 3 (if conduct listed in paragraph 2 results in substantial irreversible or long-lasting damage to an ecosystem of considerable size/environmental value/a habitat within a protected site or cause substantial irreversible or long-lasting damage to the quality of air, soil or water). A maximum term of imprisonment of at least 5 years is called upon for any criminal action referred to in article 3, paragraph 4 (appeals to article 3, paragraph 2, points a–d, f, j, k, and l) that causes homicide. Prison sentences of at least 5 years are ordered for actions covered by article 3, paragraph 2, points a–l, p, s and t, while prison sentences of at least 3 years are ordered for actions covered by the same article, points m–o, q and r. As referred to in 2024 ECD, the EU member should take the necessary measures to ensure that subjects who committed criminal actions listed in articles 3 and 4 are subjected to adequate criminal or non-criminal penalties or measures.

Measures described by the ECD include the following:

(1) an obligation to restore the environment within a given period, if the damage is reversible,

(2) to pay compensation for the damage to the environment, if the damage is irreversible or the offender is not in a capacity to carry out such restoration,

(3) to pay fines proportionate to the gravity of the conduct and to the individual, financial and other circumstances,

(4) to face exclusion from access to public funding,

(5) to face disqualification from holding a leading position of the same type used for committing the offence,

(6) the withdrawal of permits and authorizations to pursue activities that resulted in the relevant criminal offence,

(7) temporary bans on running for public office,

(8) following an assessment, the publication of all or part of the judicial decision is permitted if it relates to the criminal offence important for a public interest.

Although this is only a directive, it is yet to be seen how this initiative will be incorporated into the national legislation of each EU member country, or if there will be any further development to lay a concrete law to forcefully oppose environmental pollution and illegal practices on European soil, as directives allow each country to devise its own national laws.

Mostly, the implementation of any binding agreement on European grounds is exclusively bound to day-to-day foreign affairs. The European continent is dependent on energy imports.

Fossil fuels are still the most significant energy source for the European economy, despite a continuous intent to change to cleaner and environmentally friendly energy sources. In the past, fossil fuel, mainly coal, has been the main source of electricity generation. Oil reserves are considered to be minimal, with Denmark, Italy, Norway, Romania and the United Kingdom presumably having between 400 (Denmark) to 7600 (Norway) million barrels. The highest gas reserves are estimated in Norway (around 1800 billion of m³), while other EU members have zero to 700 billion of m³. The coal reserves are highest in Germany (36,212 million tonnes) and Poland (24,161 million tonnes). The relationship between fossil fuel energy consumption (FFEC) and fossil fuel reserves (FFR) is devastating [50]. In Cyprus, Ireland, Netherlands and Poland, fossil fuel energy consumption (FFEC) accounts for as much as 95%. Many of the EU countries still rely on fossil fuels (FFEC is mostly above 60%) and a low share of renewable energy.

The exception to fossil fuel dependency is shown in Latvia, Finland, Sweden, Iceland, Denmark and Norway [51].

During 2023 and 2024, EU member countries face energy crises forced by multiple events happening outside European territories, forcing governments to adapt to ongoing supply chain disruption. One of the world’s largest waterways for maritime trade, the Panama Canal, has experienced low water levels due to severe drought forcing disruption to global shipping [52]. In the meantime, the Red Sea crisis began in October 2023 along with the Gaza conflict, threatening global trade. The Red Sea and Suez Canal have always been considered as forming one of the most important trade routes, but among the many transport operations, most are involved in fuel shipping. Transport operations have been suspended and rerouted around the Cape of Good Hope, increasing shipping costs [53,54]. With the post-COVID market recovery in its infancy, the Russia–Ukraine conflict has forced global inflation, cutting oil supplies to the EU. With energy consumption still dependent on fossil fuels and 90% of natural gas coming from outside European borders, global challenges have severely affected the EU economy. Since the onset of “greener policies” and decarbonization are still just starting to be implemented, Russia’s gas and oil dependency has left the EU with very few alternatives leading to inflation [55,56]. EU gas production was placed aside as a result of gas field closures and covered only 42% of consumption, while gas imported from Russia covered as much as 45% of Europe’s total gas imports [57]. The real gross domestic product (GDP) change rate shows the severity of the problem. The only EU country to record GDP growth in 2020 was Ireland, while negative rates of change were shown in other EU countries, ranging from −0.9 (Luxembourg) to 11.2% (Spain). The average negative rate of change for the EU was −5.6% in 2020, leading to growth of 0.5% in 2023 [58].

According to the International Energy Agency (IEA), total energy supply (TES) in 2021 in Europe was 81 141 883 terajoules (TJ), with Germany being the largest consumer, accounting for 14.9% of total energy supply. The same year, coal accounted for 13.1%, oil for 30.5%, and natural gas for 26.7% of energy supplied to European countries; in other words, 70.3% of total energy supply derived from fossil fuels. Only 12% was accounted for by nuclear energy, while 17.7% was accounted for by hydro, wind and solar energy sources. The largest sources of electricity generation in Europe come from natural gas and nuclear power plants, both individually accounting for 21% [59]. Although EU member states have agreed to reduce their gas demand by 15% compared with their average consumption in the past five years in regard to Council Regulation (EU) 2022/1369 [60], in 2022 oil increased by 2.8%, while natural gas decreased by 13.3% (in 2024 this legal act is no longer in force). The decrease in natural gas was not in regard to Council Regulation (EU) 2022/1369, but due to reduction measures in regard to the Russia–Ukraine conflict [51].

How close have we come to truly adopting sustainable development practice? In 2024, none of the sustainable development goals have been fully met. According to Betti et al., these goals cannot be achieved without strong support from the private sector [61]; in other words, whether it be Europe or any other continent, or a small household or large multinational company, the people should join forces in achieving sustainable development goals, with the full cooperation of all stakeholders in this space.

With regard to the IEA report on CO₂ emissions in 2023, global energy-related CO₂ emissions grew by 1.1% and reached a new record of 37.4 Gt, with coal stimulated emissions accounting for more than 65%. Although European total CO₂ emissions from energy combustion declined by almost 9%, the largest worldwide increase in total CO₂ emissions has been due to China’s and India’s post-pandemic industrial growth [3]. The 2023 CO₂ emissions in China grew by 4.7% to reach 12.6 Gt, with a 5.2% increase in emissions from energy combustion. In 2023, India’s CO₂ emissions grew by more than 7% to reach 2.8 Gt. Just as no man is an island, neither is Europe and neither are its laws and regulations, which are capable of transforming the reality of current environmental pollution and achieving the sustainable development goals set in 1995 and 2015.

6. EU Energy Independence—Dream to Be Achieved

Beyond trying to achieve climate neutrality by 2050 through long term strategic planning and the creation of an economy that produces net-zero greenhouse gas emissions, EU policy makers have sought to implement the Energy Efficiency Directive [62]. The objectives set in this directive seek to achieve targeted energy efficiencies and reduce energy prices concomitant with a reduction in GHG emissions. One of the proposed solutions is to make more alternative and ecologically acceptable energy sources affordable and widely accessible. By stimulating the green transition through renewable electricity generation and through biofuel and e-fuel usage in transportation, the EU is seeking to instil values associated with smarter and more ecologically friendlier energy generation. As the European continent is dependent on energy import, mostly gas and oil, from other parts of the world, the intention is to create cleaner and more cost-efficient energy independence. The target of reaching a reduction of 29.7% for primary energy consumption and 29.4% for final energy consumption compared with the projections of the Commission’s 2007 EU Reference Scenario for 2030 [62]. The most challenging sectors are transport, accounting for more than 30% of final energy consumption, and the housing sector. As European communities are long standing, their housing sectors struggle with inefficient thermal insulation and aged infrastructure. The idea of closing the energy chain from generation through transmission, distribution and finally end-use, has the potential to create an economic surplus. Adapting the old infrastructure into urban sustainable housing facilities opens the possibility of eliminating energy poverty, reducing energy costs and creating new job opportunities. Fossil fuel dependency is not a mere problem for Europe, amidst current geopolitical situation it is a chronic disease. From the 1970s until now, European energy independency has been disrupted by international disputes, as many of these have involved energy product supply chain disruption. Europe has been dependent on Russian gas for decades, forcing the EU to turn to hybrid wind and solar electric systems. A recent shortfall in gas supply opened opportunity not only to enlarge photovoltaic production but also to look for hydrocarbon [63] and geothermal deposits. The third solution, widely utilized by France, is to build safer nuclear plants [64]. About 50% of electricity in France is derived from nuclear power plants [65] and the French government plans to build six new reactors. Despite the European strategic shift towards natural gas and renewables, sustainable and eco -friendly energy production is difficult to reach. Implementing energy efficiency improvement measures, such as insulating buildings, solar harvesting, reshaping energy habits in the public sector, consuming less fossil fuels, deriving more energy from various renewables and electrifying transportation, is an EU priority. The COVID-19 pandemic yielded a slight decrease in PEC and FEC in every EU country during 2020. However, by 2022 the primary energy consumption (PEC) was 7.2% and final energy consumption was 9.6% (FEC) above the 2030 target levels [65]. EU member states have different policy measures by which to reach their energy savings. Austria, for example, implemented energy taxation, an energy efficiency obligation scheme for energy suppliers and private sector renovation vouchers. Cyprus agreed to transport fuel taxes and minimum energy performance requirements in buildings. Germany forced an energy and electricity tax and issued support programmes for energy-efficient construction and renovation [65]. Environmental protection investments in the EU increased to 13.5 billion EUR in a 17-year time span through wastewater treatment plants, support in implementing production equipment to reduce environmental pressures, supporting programmes that lead to efficient waste management services, biodiversity and landscape protection, etc. [66]. However, an inability to reach a consensus in binding policy measures and supporting programmes, make it difficult for the EU to assess global energy efficiency and climate neutrality.

7. Conclusions

Integrating European economic, environmental and social tendencies in line with sustainable development goals is possible only through collaboration with the rest of the world. Any future legislative proposal published by the EC will not reap its full potential, unless coordinated with national legislation in any country on any continent. Despite the European intention to ensure that the EU is climate neutral by 2050, in compliance with the European Green Deal (EGD) agenda and the 8th Environment Action Programme, global CO₂ emissions reached a record high of 37.4 Gt in 2023, although total CO₂ emissions from energy combustion in the EU declined by almost 9%. The United Nations Sustainable Development Goals (SDGs) should be supported by every nation and every international standards-developing organization.

Even one of the most important international standards-developing organizations, the International Organization for Standardization (ISO), describes the Sustainable Development Goals (SDGs) as forming an ambitious plan that can be implemented only by full consensus, coordination and collaboration “from all elements of society, including local and national governments, business, industry and individuals” [67]. In spite of the constant European tendency to live in line with sustainable development goals (SDGs), none of the sustainable development goals have been fully met in 2024, although in 2015 more than 193 world leaders committed to achieving 17 Sustainable Development Goals (SDGs) by 2030.

European environment legislation, in regard to sustainable development theory, was created on the basis of the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), accompanied by the European Green Deal (EGD) strategy. However, it was not until 2024 that EU policy makers forced an obligatory law into action regarding the environment protection. After decades of non-binding legal acts, members of the European Parliament adopted an extended list of environmental crimes to be regarded as punishable offences and replaced the 2008 Environmental Crime Directive with new one, making criminal activities and offences potentially legally punishable by prison sentences. The national legislation of each EU member state is finally able to qualify what is considered illegal activity and establish a clear punishment system. However, ultimately, each European country should reconsider how to create a preventive programme and how to raise consciousness about current environmental devastation and the future legacy for those who are yet to be born. Without drafting the European Green Deal (EGD), associated strategies and finally the Environmental Crime Directive (ECD), European citizens were given the opportunity to embrace the clear legislation framework that emerged from those initiatives, providing them with the means by which to combat environment-related criminal activities.

The EU’s environmental tendencies, in line with sustainable development goals, should focus more on coherent legislative acts that compel accessible public transport, a green transition through renewables and eco-friendly energy production. According to the EC Strategic Plan 2020–2024 [68], future work should broaden environment policies to include the creation of legislation promoting low carbon transport and ensure compliance to past requirements such as the Fuel Quality Directive and the Ozone Regulation. Regarding healthy social development on European soil, it is futile to expect equal opportunities for all people; however, maintaining basic life conditions for all EU citizens should be the main focus of any future legislation, in line with socially sustainable development. Equal education, employment strategies and an upgraded living environment can produce a healthier and happier EU society, solving population decline in EU member countries and reinforcing economic competitiveness. Old industrial infrastructure and process industries are not to be discarded as irrelevant but rather transitioned to technological innovations, waste upcycling and waste heat recovery. Any new standardization should focus more on the integrity of all sustainable development goals, rather than supporting innovation without social development or strategic legislation across different sectors.