* C-103/02 Commission v Italy
ECJ 7 October 2004, nyr
Italy was brought to Court for breaching the EU Waste framework directive 75/442/EEC, amended by Directive 91/156/EEC. The Court ruled that Italy was “inaccurate” to raise the spectre of forced waste landfilling, since “there is nothing to stop” plants exceeding throughput limits as long as they do so “within the confines of the permit scheme”. Despite Italy’s arguments that forbidding plants to use their full treatment capacity would mean having to dump recoverable waste, thus undermining environmental protection, the court said that recovery plants exempted from a general permitting regime must still be subject to throughput limits. The judgment adds to the body of EC case law on the waste framework directive. In the same judgment, however, the court rejects the latest attempt by the European Commission to widen the range of waste treatment operations classified as disposal rather than recovery, and reiterates previous case law to the effect that hazardousness of waste is not relevant to deciding whether an operation is disposal or recovery.
* C-496/03 Commission v France
ECJ 30 September 2004, nyr, not yet available in English
France has been condemned by the ECJ for failing to transpose recent EC environmental legislation. France admitted not transposing a 2001 amendment to the 1967 dangerous substances Directive 2001/59/EC.
* C-417/03 Commission v Belgium
ECJ 30 September 2004, nyr, not yet available in English
Belgium has been condemned by the Court for failing to transpose recent EC environmental legislation. Just like in the above-described case with France, the offending government acknowledged it had taken too long to write the EC Directive into national law. Belgium said it was still in the process of adopting a federal law to transpose the 2001 revision of Europe’s deliberate release Directive 2001/18/EC on GMOs.
* C-280/02 Commission v France
ECJ 23 September 2004, nyr
The ECJ has reconfirmed the broad EC definition of eutrophication in a ruling condemning France for breaching the EU urban wastewater treatment Directive 91/271/EEC. There are four EC criteria determining when there is eutrophication: the enrichment of water by nutrients, accelerated growth of plant life, undesirable disturbance of the balance of organisms, and deterioration of water quality. the court states, “any proliferation” of algae or the like constitutes disturbance of the balance of the aquatic ecosystem. And this disturbance is undesirable not only if it harms immediate flora and fauna, but also if it produces “nuisances” due to proliferation of algae or severe outbreaks of toxic or harmful phytoplankton. The Court also ruled that water quality deterioration concerns not only harmful effects on ecosystems. Rather, it can include “any… change” that “prevents or limits water uses”, including deterioration of colour, appearance, taste or odour.
* C-277/02, EU-Wood-Trading
ECJ Advocate-General opinion 23 September 2004, not available in English
A European court of justice advocate-general Philippe Leger recommends that member state authorities be allowed wider powers to block waste exports on environmental protection grounds. If confirmed by the Court, it would, for the first time, give authorities the power to block shipments of waste for treatment abroad by referring to domestic legislation.
* C-375/02 Commission v Italy
ECJ 9 September 2004, nyr, not available in English
Italy was condemned for breaching Directive 75/442/EEC on waste, amended by Directive 91/156/EEC, by not taking appropriate measures to ensure health safety in the region of Frosinone.
* C-383/02 Commission v Italy
ECJ 9 September 2004, nyr, not available in English
Italy was condemned for breaching Directive 75/442/EEC on waste, amended by Directive 91/156/EEC, by not taking appropriate measures to ensure health safety in the region of Milano.
Added to Conferences page and upcoming conferences:
* 20-21 October, 2004, European Conference on Local Energy Action, Brussels, Belgium
* 21-22 October, 2004, EU Emissions Trading 2004, Brussels, Belgium
* 19 October 2004: Lecture series on The EU and Sustainable Development: “Sustainable Development and Political Union”, Brussels, Belgium
* 26 October 2004: Lecture series on The EU and Sustainable Development: “Global Sustainable Development and Multilateralism: Towards a Partnership between Japan and the EU?” Brussels, Belgium
* 3 November 2004, Threats or Opportunities – The Regulatory Challenges Facing the Environmental Solutions Industry, London, UK
* 9 November 2004: Lecture series on The EU and Sustainable Development: “The EU´s global Leadership on Sustainable Development: Myth or Reality?” Brussels, Belgium
* 16 November 2004: Lecture series on The EU and Sustainable Development: “The New Constitution: A Charter for Sustainable Development in Europe?” Brussels, Belgium
* 23 November 2004: Lecture series on The EU and Sustainable Development: “Achievements and Challenges for national Sustainable Development Strategies in the EU: A Governance Perspective.” Brussels, Belgium
* 30 Novemver 2004: Lecture series on The EU and Sustainable Development. “The EU Sustainable Development Strategy: The Role of the private Sector.” Brussels, Belgium
* 7 December 2004: Lecture series on The EU and Sustainable Development: “Democratization, Economic Transition and Sustainable Development: A Perspective from the EU’s New Member States and Neighbours.” Brussels, Belgium By Prof. Dr. Albena Azmanova, Vesalius College Brussels & Institut d’etudes politique, Paris. For more information: http://www.ies.be/
* 14 December 200: Lecture series on The EU and Sustainable Development: “Promoting Sustainable Development: Belgium’s Role in the EU and the UN.” Brussels, Belgium
Added to Legislation page:
* Regulation (EC) No 1682/2004 of the European Parliament and of the Council of 15 September 2004 amending Regulation (EC) No 1655/2000 concerning the Financial Instrument for the Environment (LIFE)
The document extends the EU’s LIFE environmental project funding programme by two years. The programme’s budget for the period until 31 December 2006 is €317m. The European Commission is required to report on how the programme has been implemented by 30 September 2005.
Added to Reviews page:
* Strengthening European Environmental Law in an Enlarged Union, Ch. Holtwisch, T. Fajardo del Castillo and T. Tichá (edts.), Aachen, July 2004, 258 pages, 39,80 Euro. Published by Shaker Verlag.
Strengthening European Law in an Enlarged Europe is a compilation of contributions of participants of the 6th COPERNICUS Environmental Law Summer School that took place in Barcelona in July 2003. Margot Walström, European Commissioner for the Environment, has written the foreword in which she states “Due to the wide range of items treated, it should attract a large audience of people looking to understand the new reality faced by European Environmental law.” Indeed, the involved experts treat a large variety of subjects, ranging from general issues, the protection of water and air in EC environmental law and legal issues on EC waste law.
Added to Dossiers page:
* Dutch Presidency Dossier: Better regulation and the environment, by Pamela van der Goot
The document gives an overview of Dutch and European efforts to simplify and reduce European regulatory instruments. Examples of environmental legislation are used. Moreover, it clarifies the different methods to reach this aim.
* Dutch Presidency Dossier: Environmental priorities of the Dutch Presidency, by Pamela van der Goot
This document outlines and explains the main environmental priorities of the current presidency. At the same time it provides a list of actions undertaken to fulfil the goals set in the priorities. Furthermore, links are given to related Internet sites.
* Update of The Implementation of EC Environmental Law dossier, UK Environmental Law Association: making the law work for a better environment.
The ten new member states will soon be facing widespread failures to transpose European green rules into national law, according to the European Commission.
Added to National pages:
* Update of Italy page (by Leonardo Massai)
Added to Links page:
* Present presidency: Outstanding Environmental Issues. A review of the EU environmental agenda
Report commissioned by the Dutch government during its current EU presidency term.
Added to Vacancies page:
* Project Manager
Hill International, Eastern Europe provides a challenging opportunity to lead the technical assistance of supervision during the implementation of the ISPA works contracts in an Eastern European country. You will have a degree in engineering or equivalent, excellent knowledge of FIDIC Conditions. More information at: http://www.environmentdaily.com/opps/index.cfm?action=detail&id=17347
* Greenpeace
Greenpeace is offering two challenging positions for highly motivated and talented political strategists in an international organisation. These full-time positions are to be based at the European Unit in Brussels. For more information see: http://www.eu.greenpeace.org/issues/vacan.html
* VMR (Dutch Society for Environmental Law)
Secretaris. See http://www.milieurecht.nl/
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Editors-in-Chief:
Wybe Th. Douma (T.M.C. Asser Institute, The Hague)
Jens Hamer (Academy of European Law, Trier)
Editors:
Daria Ratsiborinskaya (Institute of European law, MGIMO, Moscow)
Pamela van der Goot (T.M.C. Asser Institute, The Hague)
Technical realisation:
Marco van der Harst, Julien J.M. Simon
(T.M.C. Asser Institute, The Hague)
e-mail: mailto:eelnewsservices@asser.nl