General background of EU environmental law as set by the Lisbon treaty
According to Article 4 of Treaty on the functioning of the European Union (“TFEU hereinafter)1 the regulation of environmental protection falls within the area of a shared competency of the EU and the Member States. That means that legislation may be created by either the Member States or the EU; however, “The Member States shall exercise their competence to the extent that the Union has not exercised its competence. The Member States shall again exercise their competence to the extent that the Union has decided to cease exercising its competence.” (Article 2 paragraph 2 TFEU). Therefore as a general conclusion it should be emphasized that the Member States may adopt their own environmental legislation in a scope exceeding the existing EU legislation in the field.