Urban Planning & Construction
Climate Law
JUDr. Vojtěch Vomáčka, Ph.D., LL.M.
Climate Law
Spring 2024
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LIMITED COMPETENCE – Art. 192(2)(b) TFEU
Adoption of measures affecting town and country planning and land use or choice between different
energy sources and the general structure of its energy supply is expressly foreseen by Art.
192(2)(b) TFEU.
Such competence does not equal direct harmonisation, though. Besides targeting exclusively
environmental measures, the EU may only adopt measures that affect but do not harmonise national
laws and regulations. In addition, such competence is subject to the principles of subsidiarity and
proportionality.
This means that the EU can only act if the objectives of a proposed measure cannot be achieved by
Member States acting alone. The EU must also ensure that any proposed measure is proportionate to
the objectives it seeks to achieve.
To provide an example of its application, Art. 192 TFEU was used as a legal basis for the adoption
of directives and regulations on energy efficiency and renewable energy between 2001 and 2009.
Settled case law on the choice of a legal basis seems to preclude using Art. 192 TFEU as a legal
basis for direct action in the energy sector after the adoption of Art. 194 TFEU.

EU ENVIRONMENTAL LAW
main requirements affecting planning and construction
(1)strategic environmental impact assessment (SEA) of the plans and programmes,
(2)environmental impact assessment (EIA) of the projects,
(3)impact assessment of the plans, programmes, and projects on Natura 2000 sites,
(4) technical requirements for building materials and waste management,
(5)public participation in environmental protection
EU’s Regional Policy and the Transport Policy concerning projects of common interest (Art. 171 and
Art. 172 TFEU) provides the definitions of essential key transport networks, effectively forming
the Trans-European Network for Transport (TEN-T) Policy.

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Effort Sharing Regulation:
sets emissions reductions targets for the EU and individual Member States in a wide range of
sectors. It covers domestic transport (excluding aviation), buildings, agriculture, small industry
and waste.
LULUCF Regulation:
sets out how the land use sector contributes to the EU’s climate goals. The LULUCF Regulation was
revised in 2023 for the period up to 2030.
To help reach climate neutrality, for the first time, the revised LULUCF regulation has a separate
land-based net carbon removals target of 310 million tonnes of CO2 equivalent by 2030.
This EU-wide target is to be implemented through ambitious, fair and binding net removal national
targets for the LULUCF sector.
Carbon Boundary Adjustment Mechanism (CBAM):
sets the price of (some) products entering the EU market to take account of the emissions
associated with their production, a new emissions trading scheme covering buildings and transport,
and a social climate fund set up to offset the negative impacts of this new, expanded emissions
trading scheme.
What else? Green public procurement, ESG, etc.

As part of the 2023 revisions of the ETS Directive, a new emissions trading system named ETS 2 was
created, separate from the existing EU ETS. This new system will cover and address the CO2
emissions from fuel combustion in buildings, road transport and additional sectors (mainly small
industry not covered by the existing EU ETS).
The ETS 2 will become operational in 2027. Although it will be a ‘cap and trade’ system like the
existing EU ETS, the ETS 2 will cover emissions upstream. It will be fuel suppliers, rather than
end users such as households or car users, that will be required to purchase and surrender
allowances to cover their emissions. The ETS 2 cap will be set to bring emissions down by 42% by
2030 compared to 2005 levels.























































THANK YOU FOR YOUR ATTENTION!
vomacka@mail.muni.cz