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Although the aviation sector is one of the fastest growing climate change contributors in Europe, it is not covered by the European Union's Emissions Trading Scheme (EU-ETS). Therefore the European Commission suggested including aviation in the EU-ETS and announced the aim of putting forward a legislative proposal by the end of 2006. In this article the legal aspects, which have to be considered for an successful inclusion of aviation into the EU-ETS, will be reviewed. This includes the legal framework for the inclusion of aviation into the EU-ETS which consists of the United Nations Framework Convention on Climate Change, the Kyoto Protocol and the Community Law. Important legal aspects are also possible legal obstacles like the existing traffic rights in the different Member States, bilateral air transport agreements like the Open Skies agreements and the Chicago Convention. Another crucial legal point of the inclusion of aviation into the EU-ETS is the interplay of the EU-ETS and the Kyoto Protocol. Furthermore the legal aspects regarding the scope and certain design points of emission trading scheme will be reviewed. This includes the obliged parties, the allocation and certain points of the administration. [ABSTRACT FROM AUTHOR]

This article considers the impact of the infringement action under Art. 228(2) of the EC Treaty in assisting in the enforcement of EC environmental law. Its entry into force in November 1993 introduced for the first time in EC law the possibility of financial sanctions being imposed on EU Member States by the European Court of Justice over persistent failures on their part to adhere to Community law. One might have thought that Member State performance on implementing EC environmental legislation would have improved as a result, the threat of substantial financial sanctions serving as an effective deterrent against non-compliant state behaviour. However, experience has indicated that any initial optimism in the new infringement procedure has been misplaced in this regard. The evidence suggests that in many instances Member States have not been deterred continuing to delay or obstruct the correct implementation of EC environmental obligations into national law and practice. In analysing the evolution of law and practice of the procedure and in particular its impact on litigation over breaches of environmental law over the last decade, this article questions whether the penalty infringement procedure under Art. 228(2) has proved itself fit for purpose. [ABSTRACT FROM AUTHOR]

In March 1998 the European Union (EU) formally launched a negotiation process by which to further enlarge the EU, having, in the preceding years, invited several former Soviet-influenced countries from Central and Eastern Europe (CEE), along with Cyprus, Malta and Turkey, to participate in accession to the EU if they so wished. This is the second of two articles concerned with Lithuania's accession to the EU, the process of approximating EU environmental law and the legislative intricacies involved therein. The first paper critiqued the process of enlargement of the European Union from a largely pragmatic legal perspective through a legal case-study examination of Lithuania's efforts in approximating the environmental acquis into national law. Lithuania was an accession state from Central Europe and acceded to the EU on 1 May 2004. The first paper provided insight into and guidance upon the process of the approximation of environmental law as it may relate, or has related, to other accession countries. It highlights the practical steps and the route of accession to the EU along with the legal requirements contained therein. This second paper focuses more specifically upon the actual implementation and related strategic aspects revealed in Lithuania's efforts to approximate EU environmental law by reference to best practice, as developed by the lead author, for the EU. [ABSTRACT FROM AUTHOR]

It is often a quote's fate to be taken completely out of context. And undoubtedly this is also true for the above statement. The above extract illustrates the exasperation sometimes felt by those at the receiving end of regulation for new technologies. This is in particular the case vis-à-vis the EU answer to regulatory, especially Safety, Health and Environmental concerns. For the regulation of nanotechnology, the presumption is that the EU will adopt a cautious approach, whether or not based on the current regulation. Much like in the US and elsewhere, there is no tailor-made regulatory framework for nano. Part of industry fears that REACH, the new EU's chemical policy, may be used as a source of inspiration, which would imply a qualified shift of the burden of proof of safety, from the authorities to the manufacturer. Product liability is less likely to play a preponderant role, at least at the EU level (as opposed to the Member States), as the EU's harmonisation in this field in practice is limited only. [ABSTRACT FROM AUTHOR]

In March 1998 the European Union (EU) formally launched a negotiation process by which to further enlarge the EU, having, in the preceding years, invited several former Soviet-influenced countries from Central and Eastern Europe (CEE), along with Cyprus, Malta and Turkey, to participate in accession to the EU if they so wished. This article is concerned with Lithuania's accession to the EU, the process of approximating EU environmental law and the legislative intricacies involved therein. The paper critiques the process of enlargement of the European Union from a largely pragmatic legal perspective through a legal case-study examination of Lithuania's efforts in approximating the environmental acquis into national law. Lithuania was an accession state from Central Europe and acceded to the EU on May 1st 2004. This paper provides insight into and guidance upon the process of the approximation of environmental law as it may relate, or has related, to other accession countries. It highlights the practical steps and the route of accession to the EU along with the legal requirements contained therein. [ABSTRACT FROM AUTHOR]

This paper offers an appreciation of the complex detail of the European Union's Emissions Trading Scheme and the complications encountered in linking such a scheme across 25 Member States before examining the scheme, with a view to ascertaining its potential business consequences and flirt her developments to the scheme which may occur in the months and years ahead. The author concludes that it is safe to assume that the scheme is here to stay and that it will make a valuable contribution to cutting CO2 emissions and meeting the EU'S Kyoto obligations. [ABSTRACT FROM AUTHOR]

Many civil and common law countries rely heavily on the use of civil and administrative penalties for environmental protection. The criminal law is generally reserved for serious cases where there is clear evidence of fault; i.e. moral blame worthiness. Although the United Kingdom has traditionally relied on criminal sanctions, civil and administrative penalties are increasingly used. This trend is likely to continue. The European Union, however, is currently giving serious consideration to the use of Europe-wide criminal penalties to ensure that European environmental legislation is implemented and enforced. [ABSTRACT FROM AUTHOR]

This article considers the Equator Principles, a voluntary code for environmentally responsible project financing by commercial and investment banks. The value of voluntary environmental approaches is increasingly recognised in the European Union, and in its Sixth Environment Action Programme, the European Commission advocated a voluntary initiative with the financial sector to promote harmonised standards for green lending and investing. The article begins by explaining the broader relevance of financial institutions to sustainable development. The nature and effectiveness of voluntary environmental measures to engage the private sector is canvassed before looking at the Equator Principles in detail. The article explains what the Principles demand of lenders, assesses their implementation, and makes some observations on their adequacy for the promotion of environmentally sustainable finance. [ABSTRACT FROM AUTHOR]

This article is an evaluation of the status of harmonisation with regard to Turkey's sustainable development policies in the EU accession process. This evaluation has been performed within the framework of the legal obligations that Turkey has assumed in this regard as member of the international community. This assessment of compliance with these obligations at the national level has been carried out in the context of legally binding documents like the constitution, laws and development plans, as well as with national policy documents like the National Environmental Strategy and Action Plan and National Agenda 21. An examination of Turkey's efforts to comply with EU policies, progress reports and the accession partnership document that outlines EU's expectations and the commitments in the national program that Turkey has prepared for this purpose reveals that the issue of environmental harmonisation has been designated as a priority policy area. However, it is clear that Turkey has made no progress with regard to compliance with sustainable development policies. [ABSTRACT FROM AUTHOR]

The EU is expected to be one of the buyers of emission rights on the international carbon market. However, various policymakers, also in the EU, fear that "hot air" will be sold under the Kyoto Protocol, for instance by the Russian Federation. Based on an institutional law and economics framework, we have tried to find out whether hot air trading should be seen as an environmental problem or not. Two distinctions are crucial: one between a formal and informal interpretation of environmental effectiveness and one between an ex ante and ex post perspective of hot air trading. We conclude that hot air trading only disturbs effectiveness in an informal (or ethical) interpretation. Moreover, the view that hot air trading is undesirable appears to assume an ex post perspective on the negotiated emission targets. Finally, there is evidence that an increasing number of policymakers now perceives hot air trading as de facto unavoidable. We find that these perceptions of hot air trading have shifted, as a result of external and internal pressures, from an ethical and ex post oriented outlook to a more formal and ex ante oriented one. [ABSTRACT FROM AUTHOR]

The article discusses several environmental regulations in the European Union. Directive 2004/101/EC of the European Parliament establishes a scheme for greenhouse emission allowance trading within the Community, in respect of the Kyoto Protocol's project mechanisms. Commission Recommendation 2004/787/EC provides technical guidance for sampling and detection of genetically modified organisms and material produced from genetically modified organisms as or in products in the context of Regulation (EC) No 1830/2003. Commission Regulation (EC) No 2034/2004 prohibits fishing for greater silver smelt by vessels flying the flag of Ireland.

Achievement of the objectives of the EU waste policy is substantially dependant upon the waste hierarchy and the categorization of specific waste management operations. Whilst the meanings of ‘recycling’, ‘recovery’ and ‘disposal’ have received the frequent attention of the courts and academic commentators, analysis of the terms ‘re-use’ and ‘regeneration’ is less common. This article reviews two recent but unrelated outputs from the European institutions-the European Parliament's Environment, Public Health and Consumer Committee Report on the Thematic Study on the Prevention and Recycling of Waste and the infraction proceedings relating to the non-implementation of the Waste Oils Directive. [ABSTRACT FROM AUTHOR]

The introduction of a European emission trading scheme is a major step in handling the Kyoto Protocol's demand for a reduction in greenhouse gas emissions. The EU concept is based on grandfathering. A linking directive including the use of the flexible mechanisms of the Kyoto Protocol is expected to be sisued. Thereby the cap will not be tight and there will be a risk of trade in hot air. Having established the background the author looks at the concept of quotas; sets out the scope of the Emission Trading Directive; examines national quotas; considers allocation of quotas and pooling, queries the issue of allocation as state aid; ponders other treaty infringements; suggests the position in relation to tradability; describes the likely position in relation to periodical split, surrendering and monitoring; and outlines joint implementation and the clean development mechanism, before making some concluding comments. [ABSTRACT FROM AUTHOR]

This article presents developments in environmental protection activities with specific reference to European Union. Decision No. 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerns a mechanism for monitoring community greenhouse gas emissions and for implementing the Kyoto Protocol. It establishes a mechanism for monitoring all anthropogenic emissions by sources and removals by sinks of greenhouse gases not controlled by the Montreal Protocol on substances that deplete the ozone layer in the Member States of the European Union.

Is the "Directive on Environmental Liability with regard to prevention and remedying of environmental damage" justified under the subsidiarity principle? This article examines the pros and cons of arguments submitted by recognised lawyers, non-governmental organisations and industry on the one hand to show whether the agreed Directive complies with the principles of subsidiarity as set out in the Treaty establishing the European Community (ECT) but on the other that the Community institutions have failed in their duty to adequately observe the application of the subsidiarity principle. The author draw two conclusions: the subsidiarity principle remains a "dynamic concept" and the Commission, Parliament and Council have collectively failed to acquit themselves of their duty to justify the Directive. [ABSTRACT FROM AUTHOR]

Reports on developments related to European environmental laws, compiled as of June 2004. Strategy for a European action plan for organic food and farming; European Union strategy to reduce atmospheric emissions from seagoing ships; Unique identifiers for genetically-modified foods; Control of organisms harmful to plants and plant products in the French overseas department.

Provides information pertaining to environmental issues in the European Union. Potential danger posed by fertilizers to human, animal health and environment; Environmental laws intended to regulate halons, chlorofluorocarbons and bromochloromethane.

Focuses on environmental laws in the European Union. Agri-environment law; Chemical law; Energy law.

The article focuses on the steps taken by the European Union for environmental protection. Commission communication in the framework of the implementation of Council Directive 90/396/EEC of 29 June 1990 on the approximation of the laws of the Member States relating to appliances burning gaseous fuels is available. Also, Commission Directive 2003/66/EC of 3 July 2003 amended Directive 94/2/EC implementing Council Directive 92/75/ EEC with regard to energy labelling of household electric refrigerators, freezers and their combinations.

As 10 new members prepare to join the European Union in May 2004, this article analyses and clarifies the major issues and outcomes of the enlargement process from the environmental legal viewpoint, the so-called green accession, for Hungary. Following a general description of the enlargement process the author describes Hungary's process for approximation to the EC environmental accession acquis and the accession talks; then highlights potential problems for enforcement at a regional level. [ABSTRACT FROM AUTHOR]

Reports on developments regarding environmental law in the European Union. Emission of gaseous and particulate pollutants; Public access to environmental information; Environmental tax measures; Aid granted to fishermen and shellfish producers; Energy Star Agreement.

Presents a number of environmental laws of the European Union. Hazardous substances in electrical and electronic equipment; Waste electrical and electronic equipment.

Focuses on the criminal environmental law in the European Union. European Commission's adoption of a proposal for a Directive on protection of the environment through criminal law under provisions of the "first pillar" of Community law; Council's adoption of a Framework Decision on the same subject under provisions of the "third pillar"; Serious inter-institutional conflict due to the two parallel texts.

Reports developments concerning regulations on environmental protection and engineering in the European Union. Amendment of the Commission Directive 2002/97/EC regarding the fixing of maximum levels for pesticide residues in and on food products; Rejection of the national provisions limiting the importation and placement on the market of certain fertilizers provisioned in the Commission Decision 2003/1/EC; Rules established by the Council Regulation No 2322/2002 (Euratom) for the participation of undertakings, research centers, and universities in the implementation of the framework program of the European Atomic Energy Community.

The article reports on developments related to laws and legislation on environmental protection effort of the European Union. It includes the agricultural sector, biotechnology, chemicals, energy sources, nature conservation, and water supply. The Commission Regulation of the European Council of February 2006 amends the regulation of the European Parliament and of the Council to establish Annex I listing the food and feed products to which maximum levels for pesticide residues apply. The conclusions in the opinion of the European Economic and Social Committee in the Proposal for a Regulation of the European Parliament and of the Council on a multiannual funding for the action of the European Maritime Safety Agency in the field of response to water pollution caused by ships.

The article reviews the environmental law in Europe. The Commission has initiated a formal investigation procedure which allows certain categories of companies to benefit from a tax reduction or tax exemption under the carbon dioxide emission tax. Opinion of the Committee of the Regions on the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions "Towards a Thematic Strategy on the Urban Environment" has been published. Council Division approved the accession of the Community to the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean. Council Decision authorizes Great Britain to apply an exemption from climate change levy for low-value solid fuel in accordance with Article 19 of Directive 2003/96/EC.

This is a roundup of environmental court decision in Europe. The judgment of the court in the Commission of the European Communities v. Kingdom of Spain was a declaration that by failing to adopt the measures necessary to ensure as regards the three incineration furnaces installed at Mazo and Barlovento on the Island of La Palma. The order of the president of the court in Industrias Quimicas del Valles SA v. Commission of the European Communities was to order that the operation of Commission Decision concerning the non-inclusion of meta-laxyl in Annex I to Council Directive 91/414/EEC and the withdrawal of authorizations for plant protection products containing this active substance was suspended until delivery of the judgment of the Court of First Instance of the European Communities.

This is a roundup of news pertaining to environmental law in Europe. The European Commission has established a scheme for greenhouse gas emission allowance trading and a mechanism for the monitoring of greenhouse gas emissions. The European Communities and their member states and the Republic of Croatia have signed the Stabilization and Association Agreement. The European Commission has laid down rules for the implementation of the fourth stage of the program concerning the placing of plant protection products on the market. The commission has amended a council derivative which extends the derogation relating to import conditions for fruit plant propagating material and fruit plants intended for fruit production from third countries.

This is a roundup of news pertaining to environmental laws at the European Parliament. The parliament has adopted a resolution on the United Nations Framework Convention on Climate Change. The parliament has adopted a non-binding resolution on establishing a catch documentation scheme for Dissostichus spp. The Parliament voted strongly in favor of an agreement reached at an informal trilogue between parliament and council delegation on the common position regarding pollution from ships.

The article provides information on environmental policies and directives which was passed by the European Union to promote environmental protection on its Member States. The Commission passed the Council Directive 90/396/European Economic Council on June 29, 1990 to implement the laws related to appliances burning of gaseous fuel. The Commission Regulation Number 197/2006 was passed on February 3, 2006 which is reflected under Regulation Number 1774/2002 concerning the transport, treatment and disposal of foodstuffs. The Directive 2005/35/EC of the European Parliament and of its Council was passed on September 7, 2006 involves the policies on ship-source pollution and the establishment of penalties for infringements was corrected.