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'Country Reports: Sweden', Annika Nilsson, Issue 1, pp. 2–5 |
infoAnnika Nilsson, 'Country Reports: Sweden' (2003) 12 European Energy and Environmental Law Review, Issue 1, pp. 2–5 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003001 | 
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'The European Community's Evolving Precautionary Principle – Comparisons with the United States and Ramifications for Doha Round Trade Negotiations', Thomas J. Daemen, Issue 1, pp. 6–19 |
infoThomas J. Daemen, 'The European Community's Evolving Precautionary Principle – Comparisons with the United States and Ramifications for Doha Round Trade Negotiations' (2003) 12 European Energy and Environmental Law Review, Issue 1, pp. 6–19 | | Summary: Acceptance of the precautionary principle has grown from its historic roots in Germany to encompass virtually every European Community Member State and institution, including the Court of Justice. However, this broad support belies notable uncertainty regarding the principle's true meaning and standards of application at both the Community and Member State level. Similar ambiguities exist in the United States. United States regulators frequently employ precautionary standards but do so without explaining the rationale for their approach or drawing upon the lessons of their European colleagues. These uncertainties are to be expected from a concept as intrinsically vague and indeterminate as the precautionary principle. However, they make it exceedingly difficult to incorporate the principle into the current Doha round of trade negotiations. Simply put, if a negotiator is not certain of her own position, how can she most effectively argue the merits of her position to others? United States and European authorities should therefore regroup and decide for themselves precisely what the principle means, and how it should be implemented, before debating its merits in the current round of WTO negotiations. Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003002 |
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'Shifting the Burden of Proof in Chemicals Legislation: the Guiding Principle of the Reform Debate under Scrutiny', Horst von Holleben, Guido Schmidt, Issue 1, pp. 19–30 |
infoHorst von Holleben, Guido Schmidt, 'Shifting the Burden of Proof in Chemicals Legislation: the Guiding Principle of the Reform Debate under Scrutiny' (2003) 12 European Energy and Environmental Law Review, Issue 1, pp. 19–30 | | Summary: The ``shifting of the burden of proof'' is at the heart of the debate on European chemicals law reform which was started by the European Commission's White Paper ``Strategy for a future chemicals policy.'' This article analyses the allocation of the burden of proof in existing legislation on chemicals and the White Paper's approach within the framework of Registration Evaluation Authorisation of Chemicals (REACH). It also deals with the legal aspect of the authorisation concept in the White Paper, in particular from the viewpoint of the principle of proportionality. Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003003 |
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'Eurobrief', Issue 1, pp. 30–32 |
info'Eurobrief' (2003) 12 European Energy and Environmental Law Review, Issue 1, pp. 30–32 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003004 |
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ISSUE 2 | |
'Conference Report: The Avosetta Resolution', Issue 2, pp. 34–36 |
info'Conference Report: The Avosetta Resolution' (2003) 12 European Energy and Environmental Law Review, Issue 2, pp. 34–36 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003005 |
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'Public Participation in Decision-making and Access to Justice in EC Environmental Law: the Case of Certain Plans and Programmes', Anders S. Mathiesen, Issue 2, pp. 36–52 |
infoAnders S. Mathiesen, 'Public Participation in Decision-making and Access to Justice in EC Environmental Law: the Case of Certain Plans and Programmes' (2003) 12 European Energy and Environmental Law Review, Issue 2, pp. 36–52 | | This article outlines public awareness, public participation and access to judicial review as concepts of International and EC environmental law, as means of enforcement of EC environmental law against Member States (MS) and as remedies against political perceptions of ``democratic deficit'' in EC environmental decision-making. As an illustration the article examines in comparative detail Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment (DEIAPP) which establish procedures for Strategic Environmental Assessment (SEA) i.e. Environmental Assessment (EA) of public Plans or Programmes (PorPs) which are likely to have significant environmental effects and serves as a de facto implementation of Art. 7 of the 1998 UN/ECE Aarhus Convention (AC) into EC law. The analysis suggests that the precision and substantive contents of DEIAPP is legally insufficient to implement the AC requirements of effective public participation and access to judicial review before the Court of First Instance (CFI) and the European Court of Justice (ECJ) and makes suggestions to EC legislative and/or judicial action to allow for a wider admissibility of private actions in the field of public interest litigation of EC environmental law than afforded by the standing ECJ interpretation of the Treaty of the European Communities (TEC) Art. 230(4). Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003006 |
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'The EU Directives on Waste Electrical and Electronic Equipment and on the Restriction of Use of Certain Hazardous Substances in Electrical and Electronic Equipment: Adoption Achieved', Martin Hedemann-Robinson, Issue 2, pp. 52–60 |
infoMartin Hedemann-Robinson, 'The EU Directives on Waste Electrical and Electronic Equipment and on the Restriction of Use of Certain Hazardous Substances in Electrical and Electronic Equipment: Adoption Achieved' (2003) 12 European Energy and Environmental Law Review, Issue 2, pp. 52–60 | | This article reports on the two directives that were adopted by the Council and the European Parliament on 27 January 2003 concerning waste electrical and electronic equipment and restriction of use of certain hazardous substances in electrical and electronic equipment. It is divided into three main parts. The first two parts provide an overview of the principal provisions of the directives agreed, seeking to point out key changes that have transpired during the EU legislative process. The last section seeks to explore how the directives relate to and have an impact on two broader issues that are of major concern for the future development of EU waste management policy: the recovery/disposal status of municipal solid waste incineration involving elements of energy recuperation and 'standard dumping'. Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003007 |
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'Eurobrief', Issue 2, pp. 60–64 |
info'Eurobrief' (2003) 12 European Energy and Environmental Law Review, Issue 2, pp. 60–64 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003008 |
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ISSUE 3 | |
'Country Reports: Belgium: 1 October – 31 December 2002', Kurt Deketelaere, Issue 3, pp. 66–69 |
infoKurt Deketelaere, 'Country Reports: Belgium: 1 October – 31 December 2002' (2003) 12 European Energy and Environmental Law Review, Issue 3, pp. 66–69 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003009 |
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'Foreign direct investment and the protection of the environment: the border between national environmental regulation and expropriation', Ignacio Madalena, Issue 3, pp. 70–82 |
infoIgnacio Madalena, 'Foreign direct investment and the protection of the environment: the border between national environmental regulation and expropriation' (2003) 12 European Energy and Environmental Law Review, Issue 3, pp. 70–82 | | This article endeavours to set up the border between legitimate non-compensable national environmental measures or regulations and measures that are tantamount to expropriation requiring compensation. Recent investor-state arbitration claims show that whenever a state takes action to protect the environment, the state is responsible for damages to foreign investors protected under an investment treaty. After a brief description of the relationship between the protection of foreign direct investment and the environment, this article addresses in Part II how the vague definition of investment under treaty law, broadens the treaties' scope of application. Part III describes what amounts to a taking under a bilateral investment treaty and the North American Free Trade Agreement (NAFTA), and under international law. Part IV draws the border between legitimate non-expropriatory national legislation aimed at protecting the environment and regulations that are tantamount to expropriation. Part V refers to the issue of whether a proportionate and non-discriminatory regulation aimed at a public purpose, and not in breach of prior commitment requires compensation. Part VI is a conclusion. Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003010 |
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'Emissions trading as a new dimension to European environmental law: the political agreement of the European Council on greenhouse gas allowance trading', Marjan Peeters, Issue 3, pp. 82–92 |
infoMarjan Peeters, 'Emissions trading as a new dimension to European environmental law: the political agreement of the European Council on greenhouse gas allowance trading' (2003) 12 European Energy and Environmental Law Review, Issue 3, pp. 82–92 | | On 9 December 2002 the (Environment) Council of the European Union unanimously agreed on a common position on a Commission's proposal for a Directive establishing a scheme for greenhouse gas emissions allowance trading. This follows the idea that a common European emissions trading system should be preferred above a collection of national emissions trading systems. The European framework for emissions trading needs to be filled in by the Member States. One of their main tasks will be to allocate the greenhouse gas allowances according to a National Allocation Plan. The use of new regulatory instruments as emissions trading will raise new legal questions, which not always can be foreseen before the real application of the instrument in practice. It does not seem to be that the relevant institutions in the European Community already have a clear insight in all the necessary provisions for a well-functioning and just emissions trading scheme. Especially the allocation of the tradable emissions rights can be questioned. With the present criteria, the allocation of the transferable rights will likely be a complicated and probably time-consuming task for the national governments. The European politicians seem to be willing to take this risk with emissions trading in order to build experience with combating the climate change effect. Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003011 |
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'Book Review: Liability and Environment: Private and Public Law Aspects of Civil Liability for Environmental Harm in an International Context by Lucas Bergkamp', Maria Lee, Issue 3, pp. 92–94 |
infoMaria Lee, 'Book Review: Liability and Environment: Private and Public Law Aspects of Civil Liability for Environmental Harm in an International Context by Lucas Bergkamp' (2003) 12 European Energy and Environmental Law Review, Issue 3, pp. 92–94 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003012 |
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'Eurobrief', Issue 3, pp. 94–95 |
info'Eurobrief' (2003) 12 European Energy and Environmental Law Review, Issue 3, pp. 94–95 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003013 |
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ISSUE 4 | |
'Country Reports: Hungary', Remo Savoia, Issue 4, pp. 98–99 |
infoRemo Savoia, 'Country Reports: Hungary' (2003) 12 European Energy and Environmental Law Review, Issue 4, pp. 98–99 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003014 |
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'Country Reports: The Netherlands', Lidy F. Wiggers-Rust, Issue 4, pp. 100–103 |
infoLidy F. Wiggers-Rust, 'Country Reports: The Netherlands' (2003) 12 European Energy and Environmental Law Review, Issue 4, pp. 100–103 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003015 |
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'The EC State Aid Regime regarding Renewables: Opportunities and Pitfalls', Bram Delvaux, Issue 4, pp. 103–112 |
infoBram Delvaux, 'The EC State Aid Regime regarding Renewables: Opportunities and Pitfalls' (2003) 12 European Energy and Environmental Law Review, Issue 4, pp. 103–112 | | Summary: This article analyses the integration of a Community's priority, the renewable energy sources. Member States nowadays financially support renewable energies, but have to comply with the State aid provisions of the European Community Treaty (EC Treaty). Therefore the European Community has created an entire legal framework aiming at promoting and supporting the use of renewables, which will be discussed in this article. Besides the different Directives and proposal promoting renewable energies in various ways, the Commission also devised a set of Guidelines on State aid for environmental protection where the current version of 2001 has extended their application more precise to the renewable energies. The article analyses these Guidelines and their application with regard to renewable energy sources. Review of the new Guidelines reveals that Member States are offered several new possibilities to promote renewable energies while complying with the State aid rules of the European Community. The article outlines the PreussenElektra judgement of the European Court of Justice (ECJ) and its political attractiveness with regard to the promotion of renewables. The article concludes that the European Community has provided a favourable manual of guidance but there is still a long way to go if we would like to achieve an equal footing between renewable energy and conventional energy. Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003016 |
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'Financing Environmental Improvement: the Use of Environmental Funds in EU and CEE Countries', Neil Hawke, Pamela Hargreaves, Issue 4, pp. 113–120 |
infoNeil Hawke, Pamela Hargreaves, 'Financing Environmental Improvement: the Use of Environmental Funds in EU and CEE Countries' (2003) 12 European Energy and Environmental Law Review, Issue 4, pp. 113–120 | | Summary: The purpose of this article is to examine the design, operation and effectiveness of environmental funds concentrating particularly on those funds whose role is aimed at the second category of protection, improvement and enhancement. The article examines specific examples of environmental funds in Central and Eastern Europe and compares them with established and emerging funds in the UK and other European jurisdictions. That comparison will necessarily refer to the status and effect of the ``polluter pays'' principle as a variety of economic instrument. This principle allows an appreciation of the extent to which fund-based arrangements in the environment achieve efficiency and effectiveness where (for example) pollution charges are a source of fund income which may in turn be available for environmental protection, improvement and enhancement. Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003017 |
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'Access to Justice in Environmental Matters in the EU/Accès à la justice en matière d;environnement dans l’EU', Bernard Vanheusden, Issue 4, pp. 120–123 |
infoBernard Vanheusden, 'Access to Justice in Environmental Matters in the EU/Accès à la justice en matière d;environnement dans l’EU' (2003) 12 European Energy and Environmental Law Review, Issue 4, pp. 120–123 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003018 |
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'Eurobrief', Issue 4, pp. 124–127 |
info'Eurobrief' (2003) 12 European Energy and Environmental Law Review, Issue 4, pp. 124–127 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003019 |
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ISSUE 5 | |
'Country Reports: Spain', Hector Rodriguez Molnar, Issue 5, pp. 133–135 |
infoHector Rodriguez Molnar, 'Country Reports: Spain' (2003) 12 European Energy and Environmental Law Review, Issue 5, pp. 133–135 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003021 |
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'Environmental Liability of Parent Companies and Subsidiaries under German Law', Claus-Peter Martens, Issue 5, pp. 135–147 |
infoClaus-Peter Martens, 'Environmental Liability of Parent Companies and Subsidiaries under German Law' (2003) 12 European Energy and Environmental Law Review, Issue 5, pp. 135–147 | | Summary: The bases of liability under German environmental law are as complex as are the addressees of liability. The responsibilities do not exclude each other but rather often apply parallel to each other. Under German civil law, the main emphasis is on the liability of the enterprise. Parallel to that, company bodies and executive employees may be held liable. Employees are liable for tortious acts committed wilfully or by gross negligence; however, they are solely liable for compensation claims vis-à-vis the enterprise but not vis-à-vis third parties. In the internal relationship between parent company and subsidiary, the parent company is always liable if the acts of the subsidiary which led to a realisation of the elements of liability were committed by order of the parent company or if another type of influence of the parent company on the acts of the subsidiary can be established. In contrast to that, liability under German criminal law, as a rule, applies as to the individual employees of the enterprise. With respect to the avoidance of liability, only a combination of various measures, such as prohibitions and the development of more self-responsibility and self-control of the enterprises, will lead to the greatest success. In particular the principles of the eco-audit should be applied in each enterprise even without an official participation in the eco-audit system. Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003022 |
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'Criminal Environmental Law and Community Competence', Françoise Comte, Issue 5, pp. 147–156 |
infoFrançoise Comte, 'Criminal Environmental Law and Community Competence' (2003) 12 European Energy and Environmental Law Review, Issue 5, pp. 147–156 | | Summary: The Treaty on European Union is divided into “pillars”: the original pillar of Community law (the “first pillar”), and two pillars establishing intergovernmental co-operation between Member States on the matters which they cover: common foreign and security policy (the “second pillar”) and police and judicial co-operation in criminal matters (the “third pillar”). There should be no conflict between the respective competencies defined under each of the three pillars. Indeed, the Treaty lays down a number of rules to prevent this. Nonetheless, this is precisely what has occurred in the conflict between the Commission and the Council over the issue of protection of the environment through criminal law. In 2001 the Commission adopted a proposal for a Directive on protection of the environment through criminal law under provisions of the “first pillar”. In 2003, the Council adopted a Framework Decision on the same subject under provisions of the “third pillar”. The two parallel texts have given rise to a serious inter-institutional conflict. The main point at issue is under which provisions of the Treaty a requirement to provide for criminal penalties for breaches of Community environmental law can be imposed on Member States. Following the adoption of the Framework Decision, the Commission decided to commence proceedings before the Court of Justice, seeking to establishing that the Council had breached the rules governing the division of powers between the first and third pillar. Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003023 |
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'Eurobrief', Issue 5, pp. 156–160 |
info'Eurobrief' (2003) 12 European Energy and Environmental Law Review, Issue 5, pp. 156–160 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003024 |
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ISSUE 6 | |
'Country Reports: United Kingdom', Alan Wells, Issue 6, pp. 162–168 |
infoAlan Wells, 'Country Reports: United Kingdom' (2003) 12 European Energy and Environmental Law Review, Issue 6, pp. 162–168 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003025 |
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'Fog and Acid Rain Drifting from Luxembourg over Art. 95(4) EC: Case C-3/0 Kingdom of Denmark v. the Commission of the European Communities Danish Food Case', Pål Wennerås, Issue 6, pp. 169–178 |
infoPål Wennerås, 'Fog and Acid Rain Drifting from Luxembourg over Art. 95(4) EC: Case C-3/0 Kingdom of Denmark v. the Commission of the European Communities Danish Food Case' (2003) 12 European Energy and Environmental Law Review, Issue 6, pp. 169–178 | | Summary: Art. 95 EC illustrates the Janus-face of the EC Treaty: While being perhaps the most important vehicle for an ever closer market integration, it also recognizes Member States’ right to derogate from Community harmonization in order to protect fundamental needs such as protection of public health and environment. On 20 March this year, the European Court of Justice (ECJ) set out to clarify this dichotomy in a case concerning Denmark's right to maintain national provisions derogating from a Community Directive on the use of additives in foodstuffs. Apart from presenting an exhaustive interpretation of the conditions in Art. 95(4) EC, the ECJ also touched upon a variety of fundamental issues such as the right to be heard and the extent of judicial review. At first sight, the judgment seems to afford Member States considerable autonomy to maintain a higher level of protection of major needs, e.g. public health. However, upon closer scrutiny it appears that the ECJ may in fact have limited the scope of Art. 95(4) EC. As the Court also rejected Member States’ right to be heard in derogation procedures and informed in an obiter dictum that it will not review the Commission's assessment of proportionality under Art. 95(6) EC, the judgment mirrors the Janus-face of the provision it attempted to clarify. In sum, it seems that Member States will have serious difficulties in fulfilling the conditions for maintaining a higher level of protection than Community standards. Furthermore, the ECJ has left the Commission with considerable discretion in deciding whether to approve or reject national legislation. Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003026 |
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'Towards a Legal Framework in the EU for Brownfield Redevelopment', Bernard Vanheusden, Issue 6, pp. 178–186 |
infoBernard Vanheusden, 'Towards a Legal Framework in the EU for Brownfield Redevelopment' (2003) 12 European Energy and Environmental Law Review, Issue 6, pp. 178–186 | | Summary: Brownfield sites are a major soil-related problem in every industrialised nation. Within the European Union more and more Member States are searching for different measures to deal with soil remediation in general, and with brownfields in particular. Soil remediation will demand tremendous investments. It remains unclear how these costs will be distributed among public authorities and the business community. Several governments, together with their administrations, have already taken different initiatives. Nevertheless, the shortage of knowledge and information regarding brownfield development still creates a lot of difficulties with the start up and realisation of potential brownfield projects in the EU. This article offers a comparative survey of different legal approaches within the EU and in the United States to deal with brownfields. Starting with the US legal framework; then pointing to relevant European legislation and recent actions taken by the European Commission; finally, the article describes interesting developments within several Member States with regard to soil remediation and, more specifically, brownfield redevelopment. Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003027 |
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'Book Review: Environmental Principles by Nicolas de Sadeleer', Geert van Calster, Issue 6, pp. 187–187 |
infoGeert van Calster, 'Book Review: Environmental Principles by Nicolas de Sadeleer' (2003) 12 European Energy and Environmental Law Review, Issue 6, pp. 187–187 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003028 |
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'Yearbook of International Environmental Law by Jacob Werksman and Geir Ulfstein. The European Convention and the Future of European Environmental Law edited by Prof. Jan H. Jans. Integration of Environmental Protection into other EC Policies; Legal Theory and Practice by Dr. Nele Dhondt', Issue 6, pp. 187–188 |
info'Yearbook of International Environmental Law by Jacob Werksman and Geir Ulfstein. The European Convention and the Future of European Environmental Law edited by Prof. Jan H. Jans. Integration of Environmental Protection into other EC Policies; Legal Theory and Practice by Dr. Nele Dhondt' (2003) 12 European Energy and Environmental Law Review, Issue 6, pp. 187–188 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003029 |
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'Eurobrief', Issue 6, pp. 188–192 |
info'Eurobrief' (2003) 12 European Energy and Environmental Law Review, Issue 6, pp. 188–192 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003030 |
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ISSUE 7 | |
'Country Reports: Belgium', Kurt Deketelaere, Bernard Vanheusden, Issue 7, pp. 194–197 |
infoKurt Deketelaere, Bernard Vanheusden, 'Country Reports: Belgium' (2003) 12 European Energy and Environmental Law Review, Issue 7, pp. 194–197 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003031 |
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'Access to Letters of Formal Notice and Reasoned Opinions in Environmental Law Matters', Ludwig Krämer, Issue 7, pp. 197–203 |
infoLudwig Krämer, 'Access to Letters of Formal Notice and Reasoned Opinions in Environmental Law Matters' (2003) 12 European Energy and Environmental Law Review, Issue 7, pp. 197–203 | | Summary: Environmental letters of formal notice and reasoned opinions take at present about 40 per cent of all letters and reasoned opinions which the Commission issues. In 1985 Rehbinder and Stewart wrote in their book on EC environmental policy that access to information held by the EC institutions was easier to obtain for strong, powerful vested interest groups; this has not changed in the meantime. Where insurance, competition, state aid or industrial interests are at stake, the letters of formal notice or reasoned opinions are normally abundantly quoted in the press, the media and elsewhere, and no problem exists in obtaining copies. This is very different in the environmental field, where the preservation of habitats, rules against the hunting of species or groundwater or river pollution hardly ever are discussed in public. There is an international convention on access to information (the Aarhus Convention), which gives rights to the public in relation to environmental matters, but there is no such convention on access to information in industrial or other matters: that information is already available to the interested groups. This article examines whether individual persons have a right of access to these letters of formal notice and to the reasoned opinions which are issued by the Commission. Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003032 |
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'Opening Pandora', David Pocklington, Issue 7, pp. 204–215 |
infoDavid Pocklington, 'Opening Pandora' (2003) 12 European Energy and Environmental Law Review, Issue 7, pp. 204–215 | | Summary: Commission Communication of 27 May 2003 on the prevention and recycling of waste indicated the Commission's readiness to hold a debate on the definition of ``waste'' before finalising its strategy in 2004. The objective of this article is to give an overview of EU waste legislation, highlighting areas for possible change, and indicate some of the implications of making such changes, by looking at the framework for changes to the definition of ``waste'', including constraints; the role of the definition of waste in the Framework Directive; and the legal issues to be addressed by the strategy, including the classification of recoverable wastes. Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003033 |
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'Book Review: The Cartagena Protocol on Biosafety. Reconciling Trade in Biotechnology with Environment & Development? Edited by Christopher Bail, Robert Falkner & Helen Marquard', Paolo Galizzi, Issue 7, pp. 215–217 |
infoPaolo Galizzi, 'Book Review: The Cartagena Protocol on Biosafety. Reconciling Trade in Biotechnology with Environment & Development? Edited by Christopher Bail, Robert Falkner & Helen Marquard' (2003) 12 European Energy and Environmental Law Review, Issue 7, pp. 215–217 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003034 |
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'Eurobrief', Issue 7, pp. 217–224 |
info'Eurobrief' (2003) 12 European Energy and Environmental Law Review, Issue 7, pp. 217–224 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003035 |
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ISSUE 8/9 | |
'Country Reports: Italy', Mary Ellen Sikabonyi, Issue 8/9, pp. 226–227 |
infoMary Ellen Sikabonyi, 'Country Reports: Italy' (2003) 12 European Energy and Environmental Law Review, Issue 8/9, pp. 226–227 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003036 |
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'International Report', Geert van Calster, Issue 8/9, pp. 227–232 |
infoGeert van Calster, 'International Report' (2003) 12 European Energy and Environmental Law Review, Issue 8/9, pp. 227–232 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003037 |
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'Smart Regulation and the Revised Batteries Directive: The Future of Voluntary Agreements', Zen Makuch, Issue 8/9, pp. 233–249 |
infoZen Makuch, 'Smart Regulation and the Revised Batteries Directive: The Future of Voluntary Agreements' (2003) 12 European Energy and Environmental Law Review, Issue 8/9, pp. 233–249 | | Summary: This article is more than mere analysis of law and policy in relation to the revised Batteries Directive. It describes the practical, legal and economic underpinning of voluntary agreements, also known as environmental agreements. It seeks to reveal that voluntary agreements provide a useful complementary tool to command and control models and economic instruments. The key elements of a voluntary agreement that could be implemented under the revised Batteries Directive have also been drafted and provided. This voluntary agreement is sufficiently flexible so that it may be applied by stakeholders to many other areas of environmental law whether at the Member State or European Community level. The author argues that in some cases they provide advantages over command and control models by aiming for an 'environmental consensus' that anticipates and plans for strategic interventions to reduce or prevent environmental pollution within a more flexible framework that allows for a confluence of science and industry know-how while reducing regulatory and related cost inefficiency. This first part of the two-part article includes coverage of economic instruments; producer responsibility voluntary agreements schemes; and deposit return systems. Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003038 |
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'Eurobrief', Issue 8/9, pp. 250–256 |
info'Eurobrief' (2003) 12 European Energy and Environmental Law Review, Issue 8/9, pp. 250–256 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003039 |
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ISSUE 10 | |
'Country Reports: Hungary', Remo Savoia, Issue 10, pp. 258–259 |
infoRemo Savoia, 'Country Reports: Hungary' (2003) 12 European Energy and Environmental Law Review, Issue 10, pp. 258–259 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003040 |
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'Smart Regulation and the Revised Batteries Directive: Legislated Taxation Systems and Collection Schemes', Zen Makuch, Issue 10, pp. 259–272 |
infoZen Makuch, 'Smart Regulation and the Revised Batteries Directive: Legislated Taxation Systems and Collection Schemes' (2003) 12 European Energy and Environmental Law Review, Issue 10, pp. 259–272 | | Summary: This Art. is more than mere analysis of law and policy in relation to the revised Batteries Directive. It describes the practical, legal and economic underpinning of voluntary agreements, also known as environmental agreements. It seeks to reveal that voluntary agreements provide a useful complementary tool to command and control models and economic instruments. The key elements of a voluntary agreement that could be implemented under the revised Batteries Directive have also been drafted and provided. This voluntary agreement is sufficiently flexible so that it may be applied by stakeholders to many other areas of environmental law whether at the Member State or European Community level. The author argues that in some cases they provide advantages over command and control models by aiming for an ``environmental consensus'' that anticipates and plans for strategic interventions to reduce or prevent environmental pollution within a more flexible framework that allows for a confluence of science and industry know-how while reducing regulatory and related cost inefficiency. The first part of the two-part Art. included coverage of economic instruments; producer responsibility voluntary agreements schemes; and deposit return systems. In the second part of this Art. the author considers legislated taxation or charging systems, government-led collection schemes and industry-led programmes before providing a conclusion and making recommendations. Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003041 |
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'Shout to the Top: Environmental Liability of Companies and Directors under Belgian and UK Law', Bram Delvaux, Issue 10, pp. 273–283 |
infoBram Delvaux, 'Shout to the Top: Environmental Liability of Companies and Directors under Belgian and UK Law' (2003) 12 European Energy and Environmental Law Review, Issue 10, pp. 273–283 | | Summary: The aim of this contribution is to provide an overview of the basic features of environmental liability of companies and their directors from a comparative perspective between Belgium and the United Kingdom. This article starts with the concept of environmental liability under the legal regimes. Moreover, the various legal bases for environmental liability are analysed from a broader approach this includes, the different rules of civil, criminal and administrative liability for environmental damage applied to companies and their directors. The article concludes that the legal systems based their environmental liability regime on a mixture of legal principles and additional specific environmental regulations in order to meet with the principles' shortcomings. Notwithstanding the great effort of both Belgium and the United Kingdom, in practise these regimes do not suffice for a preventive, repressive and restorable effect of environmental damage. Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003042 |
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'Eurobrief', Issue 10, pp. 284–288 |
info'Eurobrief' (2003) 12 European Energy and Environmental Law Review, Issue 10, pp. 284–288 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003043 |
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ISSUE 11 | |
'Country Reports: Denmark', Helle Tegner Anker, Issue 11, pp. 290–292 |
infoHelle Tegner Anker, 'Country Reports: Denmark' (2003) 12 European Energy and Environmental Law Review, Issue 11, pp. 290–292 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003044 |
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'Prior Informed Consent for Hazardous Chemicals Trade – Implementation in EC Law', David Langlet, Issue 11, pp. 292–308 |
infoDavid Langlet, 'Prior Informed Consent for Hazardous Chemicals Trade – Implementation in EC Law' (2003) 12 European Energy and Environmental Law Review, Issue 11, pp. 292–308 | | Summary: The issue of trade in hazardous chemicals has long been contentious on the international agenda. Gradually the notion of prior informed consent has developed as a means to strengthen the regulatory abilities of importing countries, taking its legally binding form in the 1998 Rotterdam Convention. It is now being implemented by the EC, itself a Party to the Convention, through Regulation (EC) No 304/2003 concerning the export and import of dangerous chemicals. Compared to the Convention, the Regulation is progressive, particularly by increasing the number of chemicals subject to prior informed consent procedure and applying it also in relation to non-party countries. It even imposes an absolute export ban on certain substances. On some points the Regulation falls short of formally fulfilling the Community's obligations but this may not entail negative repercussions if handled in a constructive and prudent manner. In the end however, the attainment of beneficial effects for human health and the environment is contingent upon the ability of importing developing countries to create regulatory systems and authorities able to utilize the provided system in an efficient manner and effectively execute informed decisions on chemicals import. How the Regulation's commitments regarding technical assistance will be implemented remains to be seen. Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003045 |
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'Hungary and the Green Accession', Remo Savoia, Issue 11, pp. 308–315 |
infoRemo Savoia, 'Hungary and the Green Accession' (2003) 12 European Energy and Environmental Law Review, Issue 11, pp. 308–315 | | Summary: As 10 new members prepare to join the European Union in May 2004, this article analyses and clarifies the major issues and outcomes of the enlargement process from the environmental legal viewpoint, the so-called green accession, for Hungary. Following a general description of the enlargement process the author describes Hungary's process for approximation to the EC environmental accession acquis and the accession talks; then highlights potential problems for enforcement at a regional level. Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003046 |
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'Eurobrief', Issue 11, pp. 316–320 |
info'Eurobrief' (2003) 12 European Energy and Environmental Law Review, Issue 11, pp. 316–320 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003047 |
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ISSUE 12 | |
'Country Reports: Belgium', Bernard Vanheusden, Kurt Deketelaere, Issue 12, pp. 322–325 |
infoBernard Vanheusden, Kurt Deketelaere, 'Country Reports: Belgium' (2003) 12 European Energy and Environmental Law Review, Issue 12, pp. 322–325 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003048 |
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'Country Reports: Germany', Christian Scherer-Leydecker, Issue 12, pp. 325–328 |
infoChristian Scherer-Leydecker, 'Country Reports: Germany' (2003) 12 European Energy and Environmental Law Review, Issue 12, pp. 325–328 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003049 |
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'ECJ Case Reports: Case C-114/01: AvestaPolarit Chrome Oy and Case C-322/00: Commission of the European Communities v Kingdom of the Netherlands', Jos Janssen, Issue 12, pp. 328–329 |
infoJos Janssen, 'ECJ Case Reports: Case C-114/01: AvestaPolarit Chrome Oy and Case C-322/00: Commission of the European Communities v Kingdom of the Netherlands' (2003) 12 European Energy and Environmental Law Review, Issue 12, pp. 328–329 | | Approximation of laws – Dir. 75/442/EEC and Dir. 91/156/EEC – Meaning of waste – Production residue Mine Use – Storage – Art. 2(1)(b) – Meaning of other legislation – National legislation outside the framework of Dir. 75/442/EEC and Dir. 91/156/EEC; Judgment of 11 September 2003 (not yet reported) Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003050 |
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'ECJ Case Reports: Case C-322/00: Commission of the European Communities v Kingdom of the Netherlands', Hans Somsen, Issue 12, pp. 329–330 |
infoHans Somsen, 'ECJ Case Reports: Case C-322/00: Commission of the European Communities v Kingdom of the Netherlands' (2003) 12 European Energy and Environmental Law Review, Issue 12, pp. 329–330 | | Directive 91/676/EEC – Protection of waters against pollution caused by nitrates from agricultural sources – Art. 5(4) and (5), paras A (1), (2), (4) and (6) of Annex II and paras 1(2) and (3) and 2 of Annex III – Capacity of storage vessels for livestock manure – Limitation of the land application of fertilisers based on a balance between the foreseeable nitrogen requirements of crops and the nitrogen supply to crops from the soil and from fertilisation – Ensuring that the amount of livestock manure applied to land each year does not exceed the specified amount per hectare – Provisions contained in a code of good agricultural practice and covering periods, conditions and procedures for the land application of fertilisers – Obligations to adopt any additional measures or reinforced actions necessary; Judgment of 2 October 2003 (not yet reported) Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003051 |
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'The EC Directive on Strategic Environmental Assessment: A Much-Needed Boost for Environmental Integration', William Sheate, Issue 12, pp. 331–347 |
infoWilliam Sheate, 'The EC Directive on Strategic Environmental Assessment: A Much-Needed Boost for Environmental Integration' (2003) 12 European Energy and Environmental Law Review, Issue 12, pp. 331–347 | | Summary: Environmental assessment has long been held to be a key tool in achieving one of the cornerstones of European Community environmental policy, that of environmental integration. However, it has taken the best part of 30 years to get to the point of implementation of the Strategic Environmental Assessment (SEA) Directive, due in 2004. Securing legislation for environmental assessment at strategic decision levels as well as project level EIA has been a symbolic milestone for environmentalists. This paper explores the background to the SEA Directive and analyses in detail its key requirements and implications for implementation. The paper also examines the relationship between the SEA Directive and the changing policy context over the period of its long gestation. It concludes that the SEA Directive has arrived at an opportune time to reinvigorate the environmental integration agenda, currently beleaguered by the much stronger social and economic agenda dominant in current EU conceptions of sustainable development. While there has been positive formalisation and strengthening of EU environmental policy over the past 30 years, arguably there has been inadequate real change in terms of the effective integration of the environment into decision-making on the ground. Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003052 |
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'Annual Index', Issue 12, pp. 348–352 |
info'Annual Index' (2003) 12 European Energy and Environmental Law Review, Issue 12, pp. 348–352 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2003053 |
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