EEL News Service 2005/19, 17 November 2005

Added to Case law, ECJ:

* C-320/03, Commission v. Austria
ECJ 15-11-2005, nyr
ECJ ruled that by prohibiting lorries of over 7.5 tonnes, carrying certain goods, from driving on a section of the key European motorway in the Inn valley (Alps), the Republic of Austria has breached Articles 28 and 29 of the EC Treaty. Such ‘sectoral prohibition on road transport’ infringes EU rules guaranteeing the free movement of goods, the Court said. The measure, which was put forward by the Tyrol region in order to minimize local air pollution, could have been justified for environmental protection reasons but was found to be disproportionate. “Before adopting so radical a measure as a total prohibition on using a section of motorway constituting a vital communication link between certain Member States, the Austrian authorities should have carefully examined the possibility of using less restrictive measures,” the ECJ stated. The ECJ thus did not investigate the proportionality of the measures but found that alternatives should have been investigated further by Austria. In itself this would seem to offer a bit of hope for Austria to take the necessary steps at a later date. The ECJ also stressed that a longer transitional period should have been secured, as “only two months for implementing the ban was clearly insufficient to allow the undertakings concerned reasonably to adjust to the new circumstances.” This line of reasoning is similar to what the ECJ concluded in case C-309/02, Radlberger.

* C-316/04, Stichting Zuid-Hollandse Milieufederatie
ECJ 10-11-2005, nyr
Following the request for a preliminary ruling by a Dutch court concerning the interpretation of the transitional provisions of Directive 91/414/EEC on the placing of plant protection products on the market and those of Directive 98/8/EC on the placing of biocidal products on the market, the Court gives a vast interpretation of the above-mentioned Directives. The Community law in question leaves a broad room for national court’s interpretation of national legislation (Law on pesticides of 1962 (Bestrijdingsmiddelenwet)).

Added to Policy Areas, General Policy Documents, IPPC:

* Report from the Commission on the implementation of Directive 96/61/EC concerning
integrated pollution prevention and control, COM(2005) 540 final of 3 November 2005
This report summarises the information transmitted by all Member States on the basis of a Commission’s questionnaire. In parallel, and as presented in this report, the Commission has carried out its own analysis on the conformity of national legislation with the IPPC Directive. A number of key implementation issues were already raised by the Commission in its Communication “On the Road to Sustainable Production” adopted in June 2003. This Communication additionally launched a consultation on the implementation and possible further development of the IPPC Directive, the findings of which are also taken into account in this report.

Added to Policy Areas, Water, Policy Documents:

* Priority issues in the Mediterranean environment (EEA Report No 5/2005)
This report is a product of EEA and UNEP/MAP. It aims to identify priority pollution zones and emerging issues in the Mediterranean Sea. The report does not attempt to give an overall state of the Mediterranean marine environment. Instead it addresses specific issues which are of main concern to the sustainable development of the region and which have been recognised as such in previous EEA reports. The report identifies chemical emissions as a key issue around the Mediterranean’s European fringe to the north.  In African countries to the south, the key problem is poor treatment of urban waste, made worse by a lack of financial, human and technical resources. The EEA recommended that countries in the region improve their data, especially on hazardous substances and water discharges.  They should also harmonise assessment methods in order to review progress in
implementing international laws.

* Commission Communication Thematic Strategy on the Protection and Conservation of the Marine Environment, COM (2005) 504 final of 24 October 2005
The Strategy is primarily focused on the protection of the regional seas bordered by EU countries, but also takes into account the international dimension in recognition of the importance of reducing the EU footprint in marine areas in other parts of the world, including the High Seas. The Strategy is to be seen within the broader context of the development of a new EU Maritime Policy. The need for such a policy stems from the economic, social, and environmental importance of the maritime dimension in Europe, as underlined in the Commission Strategic objectives for 2005-2009. A Green Paper will be presented in the first half of 2006 defining the scope and main orientations of this policy.

Added to Upcoming Events:
* 30 November 2005, Studiemiddag over de omgevingsvergunning; de toepassing in de praktijk, Utrecht, The Netherlands.
VMR bijeenkomst inzake het voorontwerp wetsvoorstel algemene bepalingen omgevingsrecht en m.n. de regeling van een omgevingsvergunning. Opgave uiterlijk 14 november2005 d.m.v. electronische aanmeldformulier voor LV De omgevingsvergunning of e-mail. Meer informatie op:

* 8 – 11 December 2005,  IPSI-2005 POLAND, Warsaw, Poland
The main goal of this conference is to bring together the VIP scientists from all over the world, and to provide a forum for exchange of ideas in a number of related fields that interact. Website:

* 13 December 2005 Studiedag over Milieueffectrapportage naar huidige en toekomstige recht, Amsterdam, The Netherlands
Georganiseerd door het Centrum voor Milieurecht, Universiteit van Amsterdam. Besproken worden: milieueffectrapportage als instrument van milieubeleid en toepassing van dit instrument in de praktijk, strategisch milieubeoordeling en de Nederlandse implementatiewetgeving. Inschrijving en informatie: Centrum voor Milieurecht, telefoon 020-5253075, fax 5254742 of email: Klik hier voor het programma. Meer informatie op:

* 19 January 2006, Participatory Planning and working with natural processes at the coast, The Hague, Netherlands

* 6 – 8 February 2006, Advance Technology in the Environment Field, Lanzarote, Spain The advances and applications of technology to reduce the impacts of human activity on the natural environment and its renewable and non- renewable resources. Organized by: The International Association of Science and Technology for Development (IASTED) Website:

* 7 – 11 March 2006, SHK, Essen, Germany
Sanitary Technology, Heating Technology, Aerology Equipment, Air Conditioning, Environmental Engineering, Valves and Fittings, Measuring Equipment, Testing Equipment, Regulating and Control Technology, Building Engineering, Pipelines, Pumps. Website:

* 22 – 25 March 2006, HOLZ-HANDWERK – Wood, Nuernberg, Germany

Timber Processing Machinery, Electric Tools, Pneumatic, Tools, Abrasives, Disposal, Fittings, Locks, Advanced Materials, Surface Mount Technology, Environment Protection, Industrial Health and Safety, Office Technology

* 12 – 16 April 2006, Symposium on corruption and Environmental protection, Bremen, Germany
Corruption and Environmental protection: Overcoming the legal dilemma. E-mail:

* 25 – 26 May 2006 III Scientific Conference on Economic Globalization and Environmental Policy, Warsaw, Poland
The Conference aims to engage experts on exporting developing and transition economies as well as specialists from industrialized countries to share their experience on various aspects of the resource exploitation. Organized by: Warsaw School of Economics, The Ellison Center University of Washington, European Association of Environmental and Resource Economists Website:

* 25 May – 1 June, 2006, 4th Annual Congress of International Drug by World High Technology Society(WHTS), Dalian and Xian, China
This year’s congress will emphasize more business opportunities on the late stage development and CRO, Tech Transfer, Venture Capitals for biopharmaceuticals, policy and IP issues. Participants can submit a free paper abstract and a free poster.  Contact: Angela Wang,

Added to Dossiers/Links:
* REACH, by Daria Ratsiborinskaya and Pamela van der Goot
REACH (Registration, Evaluation and Authorization of Chemicals) is a regulatory framework, the main objective of which is to protect the human health and the environment while maintaining and enhancing the competitiveness of the EU chemical industry. It obliges businesses that produce, import and use chemical substances to collect information, to do a risk assessment and to take measures to control the risks. The dossier focuses on on-going attempts to introduce legislation on REACH. The latest developments in European Parliament are sketched, where the compromise have been reached between the European parliament’s three biggest political groups supported by the European Commission. The parliament compromise reduces the number of substances in the low-tonnage category that would require tests for registration. That category applies to chemicals that are produced or imported in amounts of between one and 10 tonnes a year, estimated to be between 17,500 and 20,000 substances, which would mean 30 percent of these would require tests. This is 10% lower than previously agreed. Most NGOs as well as small chemical firms find that the Commission’s original text has been watered down.

Added to Reviews:

* Yearbook of European Environmental Law, Volume 5, 2005 T.F.M. Etty and H. Somson (eds.-in-chief), Oxford University Press, 2005, 600 p.

* EU Environmental Policy Handbook for a better use of existing environmental law – a critical analysis of EU environmental legislation, EEB, 2005, 337 p.

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)