EEL News Service 2003/14, 25 September 2003

Added to the Case Law page – ECJ:

* C-114/01, AvestaPolarit Chrome Oy, formerly Outokumpu Chrome Oy

ECJ 11-09-2003, nyr

Production process residues are to be considered as waste when they are stored for a long time, irrespective of whether they form no threat to the environment (C-2/90 Palin Granit) and of whether they are capable of economic reutilization (C-206/88 and C-207/88 Vessoso and Zanetti). In this case, an ‘escape route’ is offered. If it is certain and foreseeable that residues will be used without first being processed, they can form by-products which do not fall within the scope of framework directive 75/442.

Sector(s): Waste

* C-22/02, Commission v. Italian Republic

ECJ 11-09-2003, nyr

Italy has become the second EU member state (after France) to be condemned for failing to require presentation of consumer information on new cars’ fuel economy and carbon dioxide emissions by January 2001. National Constitutional reform and budgetary constraints were, of course, not accepted as excuses for not implementing the Directive on 1999/94.

Sector(s): General

C-445/00, Republic of Austria v. Council

ECJ 11-09-2003, nyr

Annulment of several articles of a Regulation on ecopoints for heavy goods vehicles transiting through Austria. The effects of the annulled articles is declared to stay definite for the sake of legal certainty.

Sector(s): General

C-67/02, Commission v. Ireland

ECJ 11-09-2003, nyr

The European Court of Justice condemned Ireland for non-compliance with 1979 directive safeguarding the quality of waters designated for shellfish. The positive legal developments succeeding the Commission’s reasoned opinion could not be taken into account by the Court, according to the settled case-law.

Sector(s): Water

Added to Documents Page – Environment Council Conclusions

* 2517th Council meeting – ENVIRONMENT – Luxembourg, 13 June 2003 (pdf file)

* 2491st Council meeting ENVIRONMENT, Brussels 4 March 2003 (pdf file)

* 2473rd Council meeting ENVIRONMENT, Bxl 9 December 2002 (pdf file)

* 2457th Council meeting – ENVIRONMENT – Luxembourg, 17 October 2002 (pdf file)

* 2439th Council meeting – ENVIRONMENT – Luxembourg, 25 June 2002 (pdf file)

* 2413d Council – ENVIRONMENT- Brussels, 4 March 2002 (pdf file)

* 2399th Council – ENVIRONMENT – Brussels, 4 March 2002 (pdf file)

* 2378th Council – ENVIRONMENT- Luxemburg, 29 October 2001

* 2355th Council – ENVIRONMENT – Luxemburg, 7 June 2001

* 2334th Council – ENVIRONMENT – Brussels, 8 March 2001

* 2321st Council – ENVIRONMENT – Brussels, 18/19 December 2000

* 2302d Council – ENVIRONMENT –Brussels, 7 November 2000

* 2295th Council – ENVIRONMENT – Luxemburg, 10 October 2000

* 2278th Council – ENVIRONMENT-Luxemburg, 22 June 2000

* 2253d Council – ENVIRONMENT – Brussels, 30 March 2000

Added to Documents Page – Commission Communications – General

* Communication from the Commission on Integrated Product Policy (IPP), COM(2003) 302 final of 18 June 2003

Added to Documents Page – Commission Communications – Waste

* Communication from the Commission Towards a thematic strategy on the prevention and recycling of waste, COM (2003) 301 of 27 May 2003

The Communication is a first contribution to the development of a thematic strategy that will cover both waste prevention and recycling. It focuses on the means to promote more sustainable waste management, by minimising the environmental impacts of waste while also taking into account economic and social considerations.

* Report from the Commission on the Implementation of Community Waste Legislation for the period 1998-2000, COM(2003) 250 final/3 of 11 July 2003

Added to Documents Page – Commission Communications – IPPC directive

* Communication from the Commission on the Road to Sustainable Production Progress in implementing Council Directive 96/61/EC concerning integrated pollution prevention and control, COM(2003) 354 final of 19 June 2003

The Commission wishes to launch a broad European consultation on the current state of play and possible developments in those areas of environment policy which address impacts of large industrial point sources on the environment.

Added to Documents Page – Commission Communications – Water

* Communication from the Commission Towards a strategy to protect and conserve the marine environment COM (2002) 539 final of 02 October 2002

The Communication sets the strategy which is intended to contribute to the protection of oceans and seas and their biodiversity throughout the world.

Added to Documents Page – Commission Communications – Nuclear Safety

* Communication from the Nuclear safety in the European Union, COM (2002) 605 final of 6 November 2002

The nature of the relationship of the candidate countries with the Russian Federation, resulting from their former dependence on the Soviet Union, and the requirement for them to adopt all elements of Community law, has brought to light a new objective need for Community intervention in the nuclear sector, regardless of choices in energy policy subsequently made by the new or existing Member States.

Added to Documents Page – Commission Communications – Nature

* Communication from the Commission on Forest Law Enforcement, Governance and Trade (FLEGT) COM (2003) 251 final of 21 May 2003

This Communication proposes an Action Plan through which the European Union intends to support efforts to tackle the problem of illegal logging. The Plan builds on the commitments made in the Communication on a Global Partnership for Sustainable Development5 and in the 6th Community Environmental Action Plan. The Action Plan represents a contribution to the implementation of the WSSD Plan of Implementation.



Wybe Th. Douma (T.M.C. Asser Institute, The Hague)

Jurgen Lefevere (FIELD, London)

Daria Ratsiborinskaya (Institute of European law, MGIMO-University, Moscow)

Technical realisation

Marco van der Harst, Julien J.M. Simon

(T.M.C. Asser Institute, The Hague)