A Guide Ec Environmental Law

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ISBN: 9781853835858 | 1853835854
Cover: Paperback
Copyright: 1/1/1999

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A uniquely comprehensive, accessible and practical guide to EC environmental law. This book will be an invaluable source of reference and practical guidance for lawyers, business, local governments, and all those needing to understand and use EC law in this area.

Acknowledgements

xii

List of boxes

xiii

Acronyms and abbreviations

About this book

xvii

Part One Background Information

The European Community and its institutions

(7)

The formation and development of the European Community and the European Union

(1)

The EC's main institutions and bodies

(6)

European Commission

(1)

What is the Commission and how is it organized?

(1)

What does the Commission do?

(1)

Council of the European Union

(1)

What is the Council and how is it organized?

(1)

What does it do?

(1)

European Parliament

(1)

What is the European Parliament and how is it organized?

(1)

What does it do?

(1)

Economic and Social Committee

(1)

What is it and what does it do?

(1)

Committee of the Regions

(1)

What is it and what does it do?

(1)

European Court of Justice and Court of First Instance

(1)

What are they and how are they organized?

(1)

What do they do?

(1)

European Ombudsman

(1)

What is it and what does it do?

(1)

European Environment Agency

(1)

What is it and what does it do?

(1)

Sources of EC environmental policy and law

(6)

Introduction to EC environmental policy and law

(1)

Action Programmes for the Environment

(1)

Sources of EC environmental law

(5)

EC Treaty

(1)

Directives

(2)

Regulations

(1)

Decisions

(1)

International agreements

(2)

Case law of the European Court and Court of First Instance

(1)

Reading EC environmental laws

(5)

Finding laws, proposals for laws and other information

(1)

Finding case law of the European Court and the Court of First Instance

(1)

The structure of EC laws

(5)

Part Two EC Laws for the Protection of the Environment

Some general EC environmental laws

(9)

Introduction

(1)

Environmental impact assessment

(2)

Access to environmental information

(1)

Integrated pollution prevention and control

(4)

Eco-management and audit scheme

(1)

Eco-labelling

(3)

Laws on EIA

(1)

Selected cases on EIA

(1)

Law on access to environmental information

(1)

Selected cases on access to environmental information

(1)

Law on IPPC

(1)

Law on eco-management and audit

(1)

Law on eco-labelling

(1)

Air and noise

(10)

Introduction

(1)

Air

(1)

Noise

(1)

Air quality standards

(3)

Air quality in relation to specific substances

(1)

General air quality

(2)

Control on emissions

(2)

Emissions from industry

(1)

The basic framework

(1)

Detailed requirements for certain industries

(1)

Convention on long-range transboundary air pollution

(1)

Integrated pollution prevention and control

(1)

Emissions from vehicles

(1)

Emissions of carbon dioxide and other greenhouse gases

(1)

Emissions from volatile organic compounds

(1)

Fuel quality standards

(1)

Noise

(4)

Laws relating to air

(2)

Selected cases relating to air

(1)

Laws relating to noise

(1)

Chemicals and industrial risks

(12)

Introduction

(1)

Dangerous chemicals and substances

(2)

Evaluating the risks of substances

(1)

Marketing and use

(1)

Classification, packaging and labelling

(1)

Restrictions on specific substances

(3)

Pesticides

(1)

Biocides

(1)

Abestos

(1)

Batteries

(1)

Ozone-depleting substances

(1)

Genetically modified microorganisms (GMOs)

(1)

Contained use of GMOs

(1)

Release of GMOs

(1)

Major accident hazards of certain industrial activities

(1)

Transport of dangerous goods

(1)

By sea

(1)

By road

(1)

By rail

(1)

Export and import of dangerous substances

(1)

Transport of radioactive substances

(4)

Laws relating to chemical and industrial risks

(4)

Nature conservation

(12)

Introduction

(1)

Birds, animals, plants and habitats within the EC

(6)

Protection of birds

(1)

Identification and protection of bird habitats

(1)

Identification

(1)

Protection of bird habitats

(2)

Protection af animal and plant species

(1)

Identification and protection of plant and animal habitats

(1)

Identification

(1)

Protection of animal and plant habitats

(1)

Protection of forests

(1)

Restrictions on the use of large drift nets

(1)

International agreements on the protection of species and their habitats

(2)

Convention on the conservation of migratory species of wild animals

(1)

Convention on the conservation of European wildlife and natural habitats

(1)

Convention on biological diversity

(1)

Convention on the protection of the Alps

(1)

Convention on the conservation of Antarctic marine living resources

(1)

International tropical timber agreement

(1)

Trade in wild animals and plants

(4)

Endangered species

(1)

Seal skins

(1)

Fur from leghold traps

(1)

Laws relating to nature conservation

(1)

Selected cases on nature conservation

(2)

Waste

(9)

Introduction

(1)

Waste and hazardous waste

(2)

Waste incineration

(1)

Municipal waste incinerators

(1)

Hazardous waste incinerators

(1)

Specific categories of waste

(2)

Packaging waste

(1)

Waste oils

(1)

PCBs and PCTs

(1)

Sewage sludge

(1)

Batteries and accumulators

(1)

Titanium dioxide

(1)

Supervision and control of shipments of waste

(4)

Laws relating to waste

(1)

Selected cases relating to waste

(2)

Water

(14)

Introduction

(1)

Quality of waters used for particular purposes

(4)

Bathing water

(2)

Fish and shellfish waters

(1)

Drinking water

(2)

Control of discharges to water

(3)

Dangerous substances

(1)

Integrated pollution prevention and control

(1)

Protection of groundwater (aquifers)

(1)

Urban waste water treatment

(1)

Nitrates from agricultural sources

(1)

International agreements in relation to water

(7)

Convention for the prevention of marine pollution from land-based sources (paris Convention)

(1)

Agreement for cooperation in dealing with pollution of the North Sea by oil and other harmful substances (Bonn Agreement)

(1)

Convention on protection of the marine environment of the Baltic

(1)

Convention for the protection of the Mediterranean Sea against pollution

(1)

Convention on the protection and use of transboundary watercourses and international lakes (Helsinki Convention)

(1)

Convention for the protection of the Rhine against chemical pollution

(1)

Laws relating to water

(1)

Selected cases relating to water

(4)

Part Three Using EC Law to Protect the Environment

Using EC environmental laws in the member states

(8)

Introduction

(1)

Relying directly on directives

(5)

The principles of direct effect and supremacy

(1)

What provisions in an environmental directive could be relied on directly?

(1)

How can provisions in a directive be used to protect the environment?

(1)

Who can a directive be used against?

(3)

Relying on international environmental agreements

(1)

Sympathetic interpretation

(2)

Selected cases on using EC environmental laws in the member states

(2)

Suing the state for its failure to comply with EC environmental law

(5)

The conditions which need to fulfilled in suing the state

(3)

Conditions 1 and 2 -- the law infringed was intended to give rights to individuals and the content of those rights is identifiable on the basis of the provisions of the directive alone

(1)

Condition 3 -- the breach of Community environmental law was `sufficiently serious'

(2)

Condition 4 -- there was a direct causal link between the breach of duty by the state and the loss or damage suffered by the individual

(1)

Consequences of suing the state

(1)

Cases relating to suing the state

(1)

What do national courts have to do to make sure that EC environmental laws are applied?

100

(3)

Introduction

100

(1)

What must national courts do to allow individuals to use their Community law rights?

100

(1)

Requests for preliminary rulings

101

(2)

Cases on what national courts have to do to ensure that EC environmental laws are applied

102

(1)

Making a complaint to the Commission

103

(11)

The Commission's complaints procedure

103

(1)

What can a complaint to the Commission be about?

104

(1)

Who can make a complaint?

104

(1)

What information should be in a complaint?

105

(1)

How to speed up processing of a complaint

106

(2)

What happens once the Commission receives a complaint?

108

(1)

What happens once a case has been referred to the European Court?

109

(2)

What are the limits of the complaints procedure?

111

(3)

Sending petitions to the European Parliament and getting help from MEPs

114

(6)

The petitions procedure

114

(1)

What can a petition be about?

114

(1)

Who can send a petition to the Parliament?

115

(1)

What information should be in a petition?

115

(1)

What happens once a petition has been sent to the Parliament?

115

(3)

How to speed up the processing of a petition

118

(1)

Other ways to get help from MEPs

118

(2)

Making a complaint to the European Ombudsman

120

(9)

The Ombudsman's complaints procedure

120

(1)

What can a complaint to the Ombudsman be about?

120

(1)

Who can make a complaint to the Ombudsman?

121

(1)

What information should be in a complaint to the Ombudsman?

121

(2)

What happens once a complaint has been sent to the Ombudsman?

123

(6)

Part Four Influenceing Future EC Environmental Laws

How are EC laws made?

129

(5)

Introduction

129

(1)

How do the EC institutions make laws?

129

(5)

The consultation procedure

130

(1)

The current position

130

(1)

What will happen to the consultation procedure when the Amsterdam Treaty comes into force?

130

(1)

The cooperation procedure

131

(1)

The current position

131

(1)

What will happen to the cooperation procedure when the Amsterdman Treaty comes into force?

131

(1)

The co-decision procedure

131

(1)

The current position

131

(2)

What will happen to the co-decision procedure when the Amsterdam Treaty comes into force?

133

(1)

How to influence future EC environmental laws

134

(17)

Introduction

134

(1)

How to find out what EC environmental laws are planned

134

(1)

Some general points about trying to influence proposed environmental laws

135

(2)

How can individuals or environmental groups influence the content of future EC environmental laws?

137

(10)

A proposal for a new law is prepared

138

(1)

Introduction

138

(1)

A policy decision is taken to propose a new law and policy objectives are agreed upon

138

(1)

Can the Commission be `encouraged' to propose a new environmental law?

138

(1)

A proposal is drafted

139

(3)

A first draft of the proposal is circulated

142

(1)

The Commission adopts the draft as its formal proposal for a new law

142

(1)

The proposal is sent to the Council and is considered by ECOSOC, Committee of the Regions and European Parliament

143

(1)

What does the Council do at this stage?

143

(1)

What is the role of ECOSOC and COR at this stage?

144

(1)

What happens when the proposal is sent to the European Parliament?

144

(1)

The proposal is examined in one of Parliament's committees

144

(1)

A vote is taken by the whole Parliament (the first reading)

145

(1)

The second reading

145

(1)

The proposal is considered by the Committee of Permanent Representatives (COREPER) before final adoption by the Council

146

(1)

How can an environmental group get its point across to the key people in the institutions?

147

(1)

Conclusion

148

(3)

Part Five Finding Out More

Where to find out more

151

(5)

Introduction

151

(1)

Where to find more information

151

(5)

European Documentation Centres (EDCs)

151

(1)

Office for Official Publications of the EC (EUR-OP)

152

(1)

Internet

152

(1)

Information from the Community's institutions and organizations

153

(1)

European Parliament

153

(1)

Commission, Council and European Environment Agency

153

(2)

Laws relating to access to information from the institutions

155

(1)

The EC's organization, useful contacts and addresses

156

(17)

Introduction

156

(1)

Environmental organizations

156

(1)

European Commission

157

(7)

The Directorates and Units of DG XI of the Commission

159

(2)

European Commission offices in the member states

161

(3)

Council of the European Union

164

(1)

European Parliament

164

(1)

Information offices of the European Parliament in member states

164

(1)

Economic and Social Committee

165

(1)

Committee of the Regions

165

(1)

European Court of Justice and Court of First Instance

166

(1)

Europea Ombudsman

166

(1)

European Environment Agency

166

(1)

Office for Official Publications of the European Communities (EUR-OP)

166

(1)

Sales agents for EC official publications

166

(7)

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A Guide Ec Environmental Law

Summary

Author Biography

Table of Contents

Supplemental Materials

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A Guide Ec Environmental Law

Summary

Author Biography

Table of Contents

Supplemental Materials

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