A Guide to EC Environmental Law

Acknowledgements List of Boxes Acronyms and Abbreviations About this Book Part One Background Information 1. The European Community and its Institutions The Formation and Development of the European Community and the European Union The EC's Main institutions and Bodies European Commission What is the Commission and How is it Organized? What does the Commission Do? Council of the European Union What is the Council and How is it Organized? What does it Do? European Parliament What is the European Parliament and How is it Organized? What does it Do? Economic and Social Committee What is it and What does it Do? Committee of the Regions What is it and What does it Do? European Court of Justice and Court of First Instance What are they and How are they Organized? What do they Do? European Ombudsman What is it and What does it Do? European Environment Agency What is it and What does it Do? 2. Sources of EC environmental Policy and Law Introduction to EC environmental Policy and Law Action Programmes for the Environment Sources of EC Environmental Law EC Treaty Directives Regulations Decisions International Agreements Case Law of the European Court and Court of First Instance 3. Reading EC Environmental Laws Finding Laws, Proposals for Laws and other Information Finding Case Law of the European Court and the Court of First Instance The Structure of EC Laws Part Two EC Laws for the Protection of the Environment 4. Some general EC Environmental Laws Introduction Environmental Impact Assessment Access to Environmental Information Integrated Pollution Prevention and Control Eco-management and Audit Scheme Eco-labelling Laws on EL4 Selected Cases on EL4 Law on Access to Environmental Information Selected Cases on Access to Environmental Information Law on IPPC Law on Eco-management and Audit Law on Eco-labelling 5. Air and Noise Introduction Air Noise Air Quality Standards Air Quality in Relation to Specific Substances General Air Quality Control on Emissions Emissions from Industry The Basic Framework Detailed Requirements for Certain Industries Convention on Long-range Transboundary Air Pollution Integrated Pollution Prevention and Control Emissions from Vehicles Emissions of Carbon Dioxide and other Greenhouse Gases Emissions from Volatile Organic Compounds Fuel Quality Standards Noise Laws relating to Air Selected Cases Relating to Air Laws Relating to Noise 6. Chemicals and Industrial Risks Introduction Dangerous Chemicals and Substances Evaluating the Risks of Substances Marketing and Use Classification, Packaging and Labelling Restrictions on Specific Substances Pesticides Biocides Asbestos Batteries Ozone-depleting Substances Genetically Modified Microorganisms (GMOs) Contained Use of GMOs Release of GMOs Major Accident Hazards of Certain Industrial Activities Transport of Dangerous Goods By Sea By Road By Rail Export and Import of Dangerous Substances Transport of Radioactive Substances Laws Relating to Chemical and Industrial Risks 7. Nature Conservation Introduction Birds, Animals, Plants and Habitats within the EC Protection of Birds Identification and Protection of Bird Habitats Identification Protection of Bird Habitats Protection of Animal and Plant Species Identification and Protection of Plant and Animal Habitats Identification Protection of Animal and Plant Habitats Protection of Forests Restrictions on the Use of Large Drift Nets International Agreements on the Protection of Species and their Habitats Convention on the Conservation of Migratory Species of Wild Animals Convention on the Conservation of European Wildlife and Natural Habitats Convention on Biological Diversity Convention on the Protection of the Alps Convention on the Conservation of Antarctic Marine Living Resources International Tropical Timber Agreement Trade in Wild Animals and Plants Endangered Species Seal Skins Fur from Leghold Traps Laws Relating to Nature Conservation Selected Cases on Nature Conservation 8. Waste Introduction Waste and Hazardous Waste Waste Incineration Municipal Waste Incinerators Hazardous Waste Incinerators Specific Categories of Waste Packaging Waste Waste Oils PCBs and PCTs Sewage Sludge Batteries and Accumulators Titanium Dioxide Supervision and Control of Shipments of Waste Laws Relating to Waste Selected Cases Relating to Waste 9. Water Introduction Quality of Waters used for Particular Purposes Bathing Water Fish and Shellfish Waters Drinking Water Control of Discharges to Water Dangerous Substances Integrated Pollution Prevention and Control Protection of Groundwater (Aquifers) Urban Waste Water Treatment Nitrates from Agricultural Sources International Agreements in Relation to Water Convention for the Prevention of Marine Pollution from Land-based Sources (Paris Convention) Agreement for Cooperation in Dealing with Pollution of the North Sea by Oil and other Harmful Substances (Bonn Agreement) Convention on Protection of the Marine Environment of the Baltic Convention for the Protection of the Mediterranean Sea against Pollution Convention on the Protection and Use of Transboundary Watercourses and International Lakes (Helsinki Convention) Convention for the Protection of the Rhine against Chemical Pollution Laws Relating to Water Selected Cases Relating to Water Part Three Using EC Law to Protect the Environment 10. Using EC Environmental Laws in the Member States Introduction Relying Directly on Directives The Principles of Direct Effect and Supremacy What Provisions in an Environmental Directive could be Relied on Directly? How can Provisions in a Directive be Used to Protect the Environment? Who can a Directive be Used Against? Relying on International Environmental Agreements Sympathetic Interpretation Selected Cases on Using EC Environmental Laws in the Member States 11. Suing the State for its Failure to Comply with EC Environmental Law The Conditions which need to be Fulfilled in Suing the state 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 Condition 3 - the Breach of Community Environmental Law was 'Sufficiently Serious' 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 Consequences of Suing the State Cases Relating to Suing the State 12. What do National Courts have to do to Make Sure that EC Environmental Laws are Applied? Introduction What must National Courts do to Allow Individuals to Use their Community Law Rights? Requests for Preliminary Rulings Cases on what National Courts have to do to Ensure that EC Environmental Laws are Applied 13. Making a Complaint to the Commission The Commission's Complaints Procedure What can a Complaint to the Commission be about? Who can make a Complaint? What Information should be in a Complaint? How to Speed up Processing of a Complaint What Happens once the Commission Receives a Complaint? What Happens once a Case has been Referred to the European Court? What are the Limits of the Complaints Procedure? 14. Sending Petitions to the European Parliament and Getting Help from MEPs The Petitions Procedure What can a Petition be about? Who can Send a Petition to the Parliament? What Information should be in a Petition? What Happens once a Petition has been Sent to the Parliament? How to Speed up the Processing of a Petition Other Ways to get help from MEPs 15. Making a Complaint to the European Ombudsman The Ombudsman's Complaints Procedure What can a Complaint to the Ombudsman be about? Who can make a Complaint to the Ombudsman? What Information should be in a Complaint to the Ombudsman? What happens once a Complaint has been Sent to the Ombudsman? Part Four Influencing Future EC Environmental Laws 16. How are EC Laws Made? Introduction How do the EC Institutions Make Laws? The Consultation Procedure The Current Position What will Happen to the Consultation Procedure when the Amsterdam Treaty Comes into Force? The Cooperation Procedure The Current Position What will Happen to the Cooperation Procedure when the Amsterdam Treaty Comes into Force? The CO-decision Procedure The Current Position What will Happen to the CO-decision Procedure when the Amsterdam Treaty Comes into Force? 17. How to Influence Future EC Environmental Laws Introduction How to Find out what EC Environmental Laws are Planned Some General Points about Trying to Influence Proposed Environmental Laws How can Individuals or Environmental Groups Influence the Content of Future EC Environmental Laws? Stage 1 -A Proposal for a New Law is Prepared Introduction A Policy Decision is Taken to Propose a New Law and Policy Objectives are Agreed upon Can the Commission be 'Encouraged' to Propose a New Environmental Law? A Proposal is Drafted A First Draft of the Proposal is Circulated The Commission Adopts the Draft as its Formal Proposal for a New Law Stage 2 - The Proposal is Sent to the Council and is Considered by ECOSOC, Committee of the Regions and European Parliament What does the Council do at this Stage? What is the Role of ECOSOC and COR at this Stage? What Happens when the Proposal is Sent to the European Parliament? The Proposal is Examined in one of Parliament's Committees A Vote is Taken by the Whole Parliament (the First Reading) The Second Reading Stage 3 - The Proposal is Considered by the Committee of Permanent Representatives (COREPER) before Final Adoption by the Council How can an Environmental Group get its Point Across to the Key People in the Institutions? Conclusion 18. Where to Find out More Introduction Where to Find More Information European Documentation Centres (EDCs) Office for Official Publications of the EC (EUR-OP) Internet Information from the Community's Institutions and Organizations European Parliament Commission, Council and European Environment Agency Laws Relating to Access to Information from the Institutions 19. The EC's Organization, Useful Contacts and Addresses Introduction Environmental Organizations European Commission The Directorates and Units of DG XI of the Commission European Commission Offices in the Member States Council of the European Union European Parliament Information Offices of the European Parliament in Member States Economic and Social Committee Committee of the Regions European Court of Justice and Court of First Instance European Ombudsman European Environment Agency Office for Official Publications of the European Communities (EUR-OP) Sales Agents for EC Official Publications Further Reading Index

Biography

Dorothy Gillies is a lawyer and lecturer in law at the University of Glasgow. She has worked in the European Parliament and in the European Commission's Directorate-General XI for Environment, Nuclear Safety and Civil Protection