EEL News Service 2005/06, 24 March 2005


*  At the request of many of our subscribers answering our survey, from this News Service on, we will be adding hyperlinks to new items on the website. Note that you will be able to see and use these links only if your e-mail is set to receive ‘html’ – messages.

*  Furthermore, the EEL Team would like to wish our subscribers happy Easter Holidays!

Added to Legislation page, Dangerous Substances:

* Parliament and Council Regulation No. 396/2005 of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC
Under the new Regulation overhauling EU rules on maximum residue levels (MRLs) of pesticides in food and animal feed, nationally set MRLs will be progressively harmonised at European level. This should reduce legal complexity and eliminate obstacles to trade. The European food safety authority will have a lead role in proposing EU-wide MRLs.

Added to Legislation page, Secondary Legislation

* Besides the new piece of legislation mentioned above, several older directives and regulations have been added in order to ensure that the main legislation for each policy area are presented, together with a short explanation on their content.

Added to Case law page, EIA:

* C-531/03 Commission v Germany, 10 March 2005
Nyr, not yet available in English
Germany is breaching Directive 85/337/EEC on environmental impact assessment (EIA) of major projects as amended by directive 97/11. The case concerned road building projects in Rhineland Palatinate and North-Rhine Westphalia two Länder in which the legal obligation had not been transposed in time correctly respectively.

Added to Case law page, Waste:

* C-449/03 Commission v France 10 March 2005
Nyr, not yet available in English
The ECJ condemned France for failing to ensure compliance with the Waste Framework Directive 75/442/EEC in one of its overseas territories.

Added to Dossier/Links page, Council Conclusions, Environmental Council Conclusions:

* 2647th Council meeting – ENVIRONMENT – Brussels, 10 March 2005 – Preparation of the Spring European Council 2005, Contribution of the Council (Environment) (pdf file)
All developed countries must be asked to cut their greenhouse gas emissions by up to four-fifths within half a century, EU environment ministers said in a resolution on global climate strategy after 2012.The resolution was agreed by all 25 member states. The European Commission has also backed it despite having recently argued against just such a move on the grounds that it would repel major negotiating partners such as America. The EU wants to “explore” with other countries “possible strategies” for cutting emissions, with “new approaches” to differentiate the efforts made by other countries in a “future fair and flexible framework”, reads the document.

Added to Policy areas, Nature,
Nature Communications:

* Communication from the Commission Reporting on the implementation of the EU Forestry Strategy COM(2005) 84 final of 10 March 2005

* Annex to the Communication from the Commission Reporting on the implementation of the EU Forestry Strategy SEC (2005) of 10 March 2005
The European Commission introduces an EU action plan for sustainable forest management in the year 2006. However, since EU Member States have exclusive legal competence over forestry issues, there is little concrete the Commission can propose in the way of EU measures. In this document Commission identifies several political priorities for the action plan, including further mapping, study and monitoring of forest biodiversity, and greater use of wood as an energy source.

Added to Policy areas, Dangerous Substances,
Genetically Modified Organisms:

* In the Matter of Co-Existence, Traceability And Labelling of GMOs (Advice)
Major NGOs released a legal opinion which says the European Commission should withdraw its recommendation on the coexistence of GM and non-GM crops. The 2003 recommendation, though not legally binding, is intended to be used as a starting point for EU countries planning their own biotech crop laws.

Added to Upcoming Events:

* 11-12 May 2005, The Future of Nuclear Energy in Europe, Brussels, Belgium
With the severity of Climate change and high prices for gas and oil, countries are starting to reassess nuclear potential in their energy mix. More information on, email:

* 24-26 May 2005, ET 2005 (Environmental Technology), Birmingham, UK
ET  2005 is an exhibition for environmental professionals to source solutions, network and do business with solution providers, product launches, demonstrations, free seminars, workshops and the new Green Card Conference. More info at

* 29-30 June 2005, Nationaal Afvalcongres, Amsterdam, the Netherlands.
The 13th annual congress on waste is organised by Euroforum. Topics to be discussed are the new European waste strategy, packaging: product responsibility, level playing field and investment climate in the Netherlands. More information at

Added to Links page,

* Rechtenforum – dutch law community site

Wybe Th. Douma (T.M.C. Asser Institute, The Hague)
Jens Hamer (Academy of European Law, Trier)

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)