EEL News Service 2007/5, 8 March 2007 (

EEL News Service 2007/5, 8 March 2007 (
Upcoming Event:
* Tackling Climate Change – An Appraisal of the Kyoto Protocol and options for the future

Date: 30 and 31 March 2007
Location: T.M.C. Asser Institute, The Hague, The Netherlands

Click here for more detailed information.


Added to Case Law, ECJ
* Case C-139/06, Commission vs. United Kingdom
ECJ 2007-03-01, nyr
The Court condemned the UK for not having transposed in time Directive 2002/96/EC on waste electrical and electronic equipment (the WEEE-Directive) and Directive 2003/108/EC amending the former. Under these Directives Member States are obliged to ensure that producers of electronic equipment take care of the collection and processing of the waste.
Sector(s): Waste
* Case C-176/05, KVZ retec GmbH vs. Republik Österreich
ECJ 2007-03-01, nyr
The Court ruled that the shipment of meat-and-bone meal, if it is destined for recovery, is largely excluded from the scope of the provisions of the Waste Shipment Regulation (EEC) No 259/93. It is not subject to notification under that Regulation, because it features on the EU’s green list of non-hazardous wastes. The specific health rules for such animal waste of another Regulation do need to be observed. Regulation No 1774/2002 does demand that the member state of destination authorizes the transport prior to shipment.
Sector(s): Waste

Added to Legislation, Dangerous Substances
* Council Regulation (EC) No 172/2007 of 16 February 2007
This Regulation amends Annex V to Regulation (EC) No 850/2004 of the European Parliament and of the Council on persistent organic pollutants. Through this amendment the EC has put upper limits to the amount of POPs in industrial waste. If there are more POPs present than the set limit the waste may not be stored, and must be destroyed.

Added to Policy Areas, Climate Change
* Spain’s NAP approved by Commission
On 26 February 2007, the Commission approved Spain’s National Allocation Plan (NAP) for the second phase of the emission trading scheme. This is the fourteenth plan to be judged, and only the third to be approved, besides Slovenia and United Kingdom. The Spanish plan is a strict plan, reducing emissions with more than 20 percent compared to 2005. This is essential if Spain wants to achieve the Kyoto protocol goals, considering that Spain is currently more than 50 percent over the set goals.
Added to Policy Areas, Energy
* Euratom Treaty to be scrutinized
The draft of a Parliament report of 12 February 2007 on Europe’s nuclear power policy through the Euratom Treaty is disputing recent critiques on the fifty-year old treaty. Environmental groups have been complaining that the Treaty is outdated and unjustifiably promotes nuclear power. The report claims that in these times of heavy debate on Europe’s energy policy and the need for home-grown, low-carbon and competitive energy, the issue and its Treaty are ‘more relevant than ever’.

* Support for a binding renewables target unlikely
There is a clear even division in the European Council between those who want binding renewables target and those who do not. A binding target for renewables to consist of 20 percent of the total EU energy market by 2020 is a key element of the Commission’s energy plan. However, although all Member States support the plan, half of them think it should be indicative rather than binding. France is heading the group that want it to be indicative and Germany is heading the group that wants it to be binding. Since a unanimous vote is necessary it is most likely that it will not be binding.
Added to Policy Areas, Waste
* EU communicates by-products and waste definition
On 21 February 2007, the Commission published a communication describing what falls under waste and what falls under by-products. This communication is an aid to companies, based on previous court rulings. The communication is closely linked to the thematic strategy on waste of 2005. The essential question to start with is whether the product is a production residue or a product itself. Production residues can still be by-products, but only if they comply with the criteria laid down in the communication.

Added to Policy Areas, Water
* Danube and Black Sea region countries adopt Water Protection Declaration
On 23 February 2007, a number of sixteen countries surrounding the Danube River and the Black Sea and recognising the importance of these waters, adopted a Water Protection Declaration. Thereby, one key challenge is to meet the requirements of the EU Water Framework Directive by 2015. Additionally the Declaration recognises the importance of developing measures to reduce nutrient pollution of the Black Sea.

Added to National Pages, Germany
* German renewables ensure climate protection goals
Germany’s environment minister Gabriel announced that Germany will this year already break through the 2010 target of supplying 12.5 percent of electricity from renewable energy sources. Also the employment opportunities in the area of renewables are growing, with now over 200.000 jobs in the sector.
Added to National Pages, Spain

* Spain published detailed draft national waste plan
On 26 February 2007, the Spanish government published a new national waste plan, which deals with 13 different categories of waste up to 2015. The new plan acknowledges the failure of previous waste plans and sets out ambitious targets. By 2015, urban waste generation per capita, must be reduced by 20 percent, the usage of non-biodegradable plastic bags must be reduced by 70 percent and generation of toxic waste must be brought back by 15 percent.
Added to National Pages, The Netherlands
*Dutch copper-paint ban not justified
The independent Scientific Committee on Health and Environmental Risks (SCHER) has found a Dutch ban on copper-based anti-fouling paint for leisure boats not sufficiently justified. The reason for their conclusion was that the risk assessment performed by the Dutch government to justify the draft measure notified to the Commission under the Directive 98/34 procedure (for the provision of information in the field of technical standards and regulations and of rules on information society services) “did not provide sufficient sound scientific evidence to show that the use of copper-based antifouling paints in leisure boats presents significant environmental risks.” The SCHER was asked by the Commission to assess the Environmental Impact Assessment the Dutch government had carried out in 2003. The Committee concluded that there was insufficient scientific proof for a ban to be justified.
*Recent updates National Pages
National pages have been updated with news, case law, legislation and recent developments in EEL. See, inter alia, Israel, Spain, Italy, France, Netherlands.
Added to Dossiers/Papers
* European Climate Policy
The updated version of the European Climate Policy Dossier is now available and includes the following new developments:
·  NAP-II (2008-2012) submitted to the European Commission as required under the European Emissions Trading Scheme (Directive 2003/87/EC)
·  European Commission Communication COM(2007)19 Results of the review of the Community strategy to reduce CO2 emissions from passenger cars and light-commercial vehicles

* The Non-Ionizing Radiation Law (2006) in Israel: Legal aspects
Added to Who‘s who, National editors

* The EEL Team is delighted to welcome in the EEL Network the following national editor:

Added to Events
* Euratom: 50 years too much
In the forefront of the 50th anniversary of the EURATOM Treaty, and prior to the European Spring Summit on 8 and 9 March 2007, the Greens/EFA in the European Parliament together with the Heinrich Böll Foundation Brussels will hold a conference to discuss nuclear safety, nuclear proliferation, the future of the EURATOM Treaty as well as green alternatives.
Date: 7 and 8 March 2007
Location: European Parliament, Brussels
Added to Job Postings

* Adelphi Research – project manager
Adelphi Research, a not-for-profit think tank, is looking for a project manager to coordinate and execute assigned projects in the areas of technological cooperation, environmental technologies and environmental management for national and international contractors in the field of development cooperation.
Location: Berlin, Germany
Deadline: 15 March 2007

* GEF – several different posts
There are several different posts free at the Global Environment Facility (GEF), such as Senior Water Resources Management Specialist, Spokesperson and Senior Communications Officer.
Location: Washington DC, United States
Deadline: 11-14 March
* EEA – press officer
The EEA is looking for a contract agent to work as a press officer or environmental journalist.
Location: Copenhagen, Denmark
Deadline: 22 March 2007

* ECETOC – Environmental Scientist
The European Centre for Ecotoxicology and Toxicology of Chemicals (ECETOC) is seeking an Environmental Scientist Scientific Officer for its offices in Brussels to coordinate and facilitate mainly its environmental science activities: ecotoxicology, environmental fate etc, but also some human health science activities.
Location: Brussels, Belgium
Deadline: 6 April 2007

* Marie Curie Research Training Network – experienced researchers
The Mare Curie research training network offers a position for three experienced researchers from July 2007 till January 2010. Those who have either four years of research experience or a doctoral degree may qualify for these positions. Research will be done on three different topics, which are visible on the website.
Location: Leeds (UK), Bratislava (Slovak Rep.) & Leipzig (Germany)
Deadline: 15 April 2007

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

Leonardo Massai (T.M.C. Asser Institute, The Hague)
Ruben Vermeeren (T.M.C. Asser Institute, The Hague)
Sara Woods (T.M.C. Asser Institute, The Hague)

Technical realisation:
Marco van der Harst (T.M.C. Asser Institute, The Hague)