39Article 191(2) TFEU provides that EU policy on the environment is to aim at a high level of protection and is to be based, inter alia, on the ‘polluter pays’ principle. That provision thus does no more than define the general environmental objectives of the European Union, since Article 192 TFEU confers on the European Parliament and the Council of the European Union, acting in accordance with the ordinary legislative procedure, responsibility for deciding what action is to be taken in order to attain those objectives (see judgments in ERG and Others, EU:C:2010:126, paragraph 45; ERG and Others, EU:C:2010:127, paragraph 38; and order in Buzzi Unicem and Others, C‑478/08 and C‑479/08, EU:C:2010:129, paragraph 35).
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