Yearbook of European Environmental Law

The Yearbook of European Environmental Law brings together topical analyses of contemporary European environmental law. Leading European and American academics provide in-depth scholarly articles covering a wide range of challenging issues. The Yearbook contains an easily accessible Annual Survey providing legal practitioners, academics, and policy-makers with detailed and indispensable information on current and future European environmental law. In addition the Yearbook features summaries and full texts of preparatory commission documents, green books, and other discussion papers, as well as a selection of reviews of books.

Editors-in-Chief: Thijs F.M. Etty, Researcher at the Centre for Environmental Law, University of Amsterdam and Han Somsen, Professor in Law at the University of Amsterdam.
Current Survey Editor:V. Heyvaert, Lecturer at the London School of Economics
Book Review Editor:M. Lee, Lecturer at the Kings's College, London
Documents Editor:L. Kramer, Honorary Professor at the University of Bremen
Contributors: Articles by: Steven Stec, Frankie Schram, Jona Razzaque, John McEldowney, Michael A. Mehling, Harri Kalimo Nicolas de Sadeleer

List of Contributors

xvii

Table of Cases

xix

Table of Legislation

xxxv

ARTICLES

'Aarhus Environmental Rights' in Eastern Europe

1

(22)

Stephen Stec

Public Access to EU Environmental Documents—Regulation (EC) No. 1049/2001

23

(44)

Frankie Schram

Access to Justice in Environmental Matters at EU Member State Level—An Update on the UK

67

(26)

Jona Razzaque

Human Rights, the Courts, and the Environment—The Decision of the House of Lords in Marcie v. Thames Water Utilities Ltd.

93

(20)

John McEldowney

Emissions Trading and National Allocation in the Member States—An Achilles' Heel of European Climate Policy?

113

(44)

Michael A. Mehling

Reflections on the Scope and Pre-emptive Effect of Environmental Directives—A Case Study on the RoHS Directive 2002/95/EC

157

(58)

Harri Kalimo

Habitats Conservation in EC Law—From Nature Sanctuaries to Ecological Networks

215

(38)

Nicolas de Sadeleer

CURRENT SURVEY

Substantive European Community Environmental Law

253

(1)

I. Atmospheric Pollution

253

(12)

Alexandra Gonzalez-Calatayud

II. Energy

265

(22)

Michael Rodi

III. Biotechnology

287

(40)

Thijs Etty

IV. Chemicals

327

(44)

Candido Garcia Molyneux

V. Nature Conservation

371

(24)

Agustin Garcia-Ureta

VI. Waste

395

(26)

Geert van Calster

VII. Water

421

(18)

Mark Stallworthy

VIII. Horizontal Instruments

439

(14)

Benjamin J. Richardson

IX. Miscellaneous Instruments

453

(22)

Diane Ryland

X. Case Law of the European Court of Justice

475

(14)

Nicola Notaro

REVIEWS OF BOOKS

Micheletti, Michele, Follesdal, Andreas, and Stolle, Dietlind (eds.)

Politics, Products, and Markets: Exploring Political Consumerism Past and Present

489

(3)

Perez, Oren

Ecological Sensitivity and Global Legal Pluralism: Rethinking the Trade and Environment Conflict

492

(4)

Comte, Francois and Kramer, Ludwig (eds.)

Environmental Crime in Europe: Rules of Sanctions

496

(3)

Barton, Barry, Redgwell, Catherine, Ronne, Anita, and Zillman, Donald N. (eds.)

Energy Security: Managing Risk in a Dynamic Legal and Regulatory Environment

499

(2)

Bernauer, Thomas

Genes, Trade, and Regulation: The Seeds of Conflict in Food Biotechnology

501

(2)

Coyle, Sean and Morrow, Karen

The Philosophical Foundations of Environmental Law: Property, Rights and Nature

503

(3)

Vig, Norman J. and Faure, Michael G. (eds.)

Green Giants? Environmental Policies of the United States and the European Union

506

(4)

Anand, Ruchi

International Environmental Justice: A North—South Dimension

510

(3)

Tromans, Stephen and Fuller, Karl

Environmental Impact Assessment: Law and Practice

513

(2)

Houghton, John T.

Global Warming:: The Complete Briefing

515

(4)

Onida, Marco (ed.)

Europe and the Environment: Legal Essays in Honour of Ludwig Kramer

519

(1)

Davies, Peter G. G.

EU Environmental Law: An Introduction to Key Selected Issues

520

(3)

DOCUMENTS

I. Summaries of Communications, Green Papers, and White Papers

A. Commission Communication: Towards a Thematic Strategy on the Sustainable Use of Natural Resources

523

(2)

B. Commission Communication: Basic Orientation for the Sustainability of European Tourism

525

(1)

C. Commission Communication: Stimulating Technologies for Sustainable Development: An Environmental Technologies Action Plan for the European Union

526

(1)

D. Commission Communication: Global Monitoring for Environment and Security (GMES): Establishing a GMES Capacity by 2008—(Action Plan (2004-2008))

527

(1)

E. Commission Communication: Towards a Thematic Strategy on the Urban Environment

528

(1)

F. Commission Communication: Integration of Environmental Aspects into European Standardization

529

(1)

G. Commission Communication: The European Environment and Health Action Plan 2004-2010

530

(2)

H. Commission Communication: European Action Plan for Organic Food and Farming

532

(1)

II. Summaries of Reports

A. Court of Auditors: Special Report 5/2003 concerning PHARE and ISPA Funding of Environmental Projects in the Candidate Countries

533

(2)

B. Report from the Commission: Mid-Term Review of Regulation (EC) No. 1655/2000 (LIFE)

535

(3)

Court of Auditors: Special Report 11/2003 concerning the Financial Instrument for the Environment (LIFE)

535

(3)

C. Commission: Twentieth Annual Report on Monitoring the Application of Community Law (2002)

538

(3)

Commission Staff Working Paper: Fifth Annual Survey on the Implementation and Enforcement of Community Environmental Law

538

(3)

D. Report from the Commission under Council Decision 93/389/EC for a Monitoring Mechanism of Community Greenhouse Gas Emissions

541

(1)

E. Communication from the Commission: 2003 Environment Policy Review: Consolidating the Environmental Pillar of Sustainable Development

541

(2)

F. Report from the Commission: Review of the European Environment Agency (EEA)

543

(2)

G. Report from the Commission on the Implementation of Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora

545

(1)

H. Communication from the Commission: Implementing the EU Strategy to Reduce CO2 Emissions from Cars: Fourth Annual Report on the Effectiveness of the Strategy (Reporting Year 2002)

546

(1)

I. Report from the Commission concerning (the Voluntary Commitment by the European Soap, Detergent and Maintenance Products Industry to Reduce Impacts of its Products)

547

(1)

J. Report from the Commission concerning Existing Community Measures relating to Sources of Environmental Noise

548

(1)

K. Report from the Commission: Implementation of Directive 91/271/EEC concerning Urban Waste Water Treatment

549

(1)

L. Commission Working Document: Integrating Environmental Considerations into other Policy Areas—A Stocktaking of the Cardiff Process

550

(3)

Index

553

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Yearbook of European Environmental Law Volume 5

Summary

Author Biography

Table of Contents

Supplemental Materials