EEL News Service 2005/12, 4 July 2005

Added to Case Law, ECJ:

* C-191/04, Commission v. France
ECJ 16-06-2005, nyr, not yet available in English
The ECJ condemned France for not sending the European Commission details of its transposition of the Wastewater Treatment Directive 91/271/EEC. It rejected French pleas that it was not sure what it was supposed to send in, and had had difficulty collecting some of the necessary information.

* C-135/04, Commission v. Spain
ECJ 9-06-2005, nyr
The ECJ held as illegal under the Wild Birds Directive 79/409/EEC a traditional Spanish method of catching wood pigeons, since the birds affected are all returning to their nesting grounds and therefore protected by the special provision of art. 7 para 4 of the directive.

* C-270/03, Commission v. Italy
ECJ 9-06-2005, nyr
Italy was told by the ECJ that it had no grounds to allow exemptions to the Waste Framework Directive 75/442/EEC, as amended by Directive 91/156/EEC.  Rome had ruled that companies transporting their own non-hazardous waste, or small quantities of hazardous waste, did not have to record this in the national register.

*C-6/04, Commission v. United Kingdom
Opinion AG 9-06-2005
AG Julienne Kokett issued a legal opinion in a case brought against the UK. She states that the UK transposition of the Habitats Directive was faulty in 11 cases. Notably, the AG concludes that the directive is intended to prevent both manmade (non-natural) and natural deterioration, rather than only manmade as argued by the UK.

Added to Policy Areas, General, Policy Documents:
* EEA Annual report 2004
The EEA consolidated its contribution to the European Community’s sixth environment action programme in a number of areas in 2004: climate change; nature and biodiversity; environment and health and quality of life; and natural resources and waste. In addition, the EEA developed further its information systems and networks. Other policy areas have been supported through contributions to sustainable development and sectoral integration; support to the European Parliament and meetings of the Council of Ministers; and initiatives in the wider world. The EEA has also provided support to member countries and to the European Commission, both as clients and through partnerships.

* European Commission Green Paper on Energy Efficiency or Doing More With Less, COM(2005) 265 final of 10 June 2005
This Green paper presents a new competitiveness-oriented strategy. Energy efficiency could “make a major contribution to EU competitiveness and employment”, the paper reads. Some say that the changes – and the delay in adoption – was due to internal disagreements over the relative importance of security of supply.

Added to Policy Areas, Air, Policy Documents:

* Communication from the Commission Implementing the Community Strategy to Reduce CO2 Emissions from Cars: Fifth annual Communication on the effectiveness of the strategy COM(2005) 269 of 22 June 2005
European, Japanese and Korean car firms must more than double improvements in average new car CO2 emissions if they are to make good on a 1998 voluntary agreement with the EU, according to latest annual figures released by the Commission. EU car industry association Acea can “no longer confirm”, as it has in previous annual reports, that it will meet the target, the Commission notes. The report attributes the total 12% improvement since 1995 levels “overwhelmingly” to technological, rather than market changes such as tax cuts for less polluting cars which were “relatively small” in the period 1995-2003. The Commission is due to table a partially CO2-based car tax. The effect of fuel efficiency car labelling schemes is also said to have been “negligible”. A proposal to review the directive is expected later in 2005. Negotiations are also due to start on moving beyond the 140 g/km target to the EU’s political goal of 120 g/km.

Added to Policy Areas, Climate Change, Policy Documents:

* Annual European Community greenhouse gas inventory 1990-2003 and inventory report 2005 (Technical report No 4/2005)
This report is the annual submission of the greenhouse gas inventory of the European Community to the United Nations Framework Convention on Climate Change. It presents greenhouse gas emissions between 1990 and 2003 by individual Member State and by economic sector. The report shows that, between 2002 and 2003, emissions in the 15 old member states increased by 53 million tonnes, or 1.3% and total EU emissions increased by 1.5%.

* Report 2005 “Climate change and a European low carbon energy system”
This report examines the possibility of greenhouse gas emission reduction pathways through global action by 2030. It explains that the impacts of climate change are already visible and will affect mostly the developing countries and the Artic. The Kyoto Protocol targets and the one discussed by the Environment Council of March 2005 including EU emission reduction of 60 % by 2050 (see also Dossiers/Links, Council Conclusions, Environmental Council Conclusions). The reports sketches the possibility of a transition to a low carbon energy system by 2030, which would entail increasing the carbon permit price as well as developing new policies and technologies (removal of harmful environmentally subsidies, setting target for renewable, increasing in R & D and awareness raising). Furthermore, the report discusses ways to attain these targets in the most cost-effective approach.

Added to Dossiers/Links, Council Conclusions, Environmental Council Conclusions:

* 2670th Council meeting – ENVIRONMENT – Luxembourg, 24 June 2005
The environment ministers met in Luxembourg for the final Council of the Luxembourg presidency. Political agreement was reached on a daughter directive to the Water framework directive. Unanimous political agreement on a directive to create an EU-wide geographical environmental information network. Furthermore, Ministers strongly supported five member states that have banned EU-approved genetically modified crops. The Council adopted non-binding “conclusions” setting out its priorities for an EU strategy to deal with mercury pollution, notably on a ban of mercury exports by 2011. Reach chemicals policy was debated and the International Maritime Organisation was urged to develop mandatory requirements to ensure the “safe and environmentally sound management” of end-of-life ship dismantling. /upload/eel-webroot/www/documents/85450.pdf

Added to Dossiers/Links, Council Conclusions, European Council Conclusions:

* Presidency conclusions of the Brussels European Council (16 and 17 June 2005)
The European Council reiterates its attachment to sustainable development as a key principle governing all the Union’s policies and activities.  It approves the “Declaration on the guiding principles for sustainable development” (Annex I), recalling that the key objectives and guiding principles set out in that declaration will serve as a basis for the renewed sustainable development strategy, comprising targets, indicators and an effective monitoring procedure, to be adopted before the end of 2005 if possible. In order to relaunch the Lisbon Strategy, the Council concluded that all appropriate national and Community resources – including the cohesion policy – must be mobilised to a greater degree in the Strategy’s three dimensions (economic, social and environmental) and that synergies must be developed between those dimensions. Furthermore, the Council approves the Integrated Guidelines for Growth and Jobs 2005‑2008 (Annex II). /upload/eel-webroot/www/documents/DOC-05-2_EN[1].pdf

Added to Job Postings:

* Postdoctoral/senior researcher at the institute for environmental studies-Amsterdam, on the emergence, effectiveness and legitimacy of transnational public-private and private-private governance arrangements in global sustainability policy, as well as on the post-2012 climate European policy (ADAM program).
*2 positions for PhD students at the Institute for Environmental Studies-Amsterdam working on research on the emergence, effectiveness and legitimacy of transnational public-private and private-private governance arrangements in global sustainability policy

Added to Policy Areas, Dangerous Substances, Policy Documents, GMOs:

* Commission reaction on council votes on safeguards and GM maize MON863
The environment Council voted on the 24 June 2005 against the Commission proposals to require from five European countries (Austria, Germany, Greece and Luxembourg) the lifting of bans or restrictions of GMOs (see also Dossiers/Links, Council Conclusions, Environmental Council conclusions 24 June 2005). Originally responsible for the correct application of the existing regulatory framework governing the release of GMOs, the Commission should take into account this vote which might show a desire to change part of this framework. Concerning the authorization of the MON 863 maize on the European market, as the Council did not reach any decision by qualified majority, the Commission will have to take the final decision. /upload/eel-webroot/www/documents/IP-05-793_EN[1].pdf

Added to Dossiers/Links, EEB Documents:

* EEB assessment of the environmental results of the Luxembourg Presidency
The leadership on environmental issues by Luxembourg during its 6 months presidency of the EU council of ministers is praised in many respects by the organisation EEB, especially for the secured advances taken on long term greenhouse targets and sustainable development and for its willingness to implicate NGO. Only in some areas, less positive results were noted, notably where groundwater is concerned. /upload/eel-webroot/www/documents/Assessment_of_Luxembourg_Presidency_June05.pdf

Added to Dossiers/Links, Presidency, UK Presidency:

The UK Presidency has issued a priorities paper. As for environmental issues, itis set out that the UK wants to make progress on Climate Change through the EU and G8 Presidencies, and wants to work with EU partners to reinvigorate the international negotiations on climate change by exploring options for a post-2012 strategy and developing stronger co-operation and real dialogue with key international partners on ways of securing low-cost emissions reductions. Furthermore, an opportunity to begin the work of extending the EU emissions trading scheme to cover aircraft emissions is mentioned.

Request for book donations

The Caucasus Environmental NGO Network (CENN) activates its effort in the development of environmental assessment (EA) system in South Caucasus region. The WB funded project “Strengthening of Environmental Assessment (EIA/SEA) System in the South Caucasus Countries” aims at the improvement of EA legislation, capacity, practice and public awareness. The project is implemented in close cooperation with the Ministry of Environmental Protection and Natural Recourses of Georgia. One of the project activities includes establishment of a public EA library in Georgia. The library will gather all the relevant information sources regarding EA both for Georgia and internationally. All the materials will be available free to public. We will be thankful for donations that will help us build up a library, enrich and make it more complete for interested parties. For further information please, contact Mariam Tevzadze, EA Librarian per e-mail: or tel: +995 32 75 19 03/04 or visit CENN office: 27, Betlemi Str. Tbilisi. Website:

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

Daria Ratsiborinskaya (T.M.C. Asser Institute, The Hague and Institute of European law, MGIMO-University, Moscow)

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