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The article discusses the legal and factual regulations concerning the Genetically Modified Organisms (GMOs) in relation to the international law. The author explains that GMOs need appropriate regulations since its products affect both public and private sectors. He mentions that uncertainties in the regulations of GMOs affect the transnational commercial issues including agriculture, trade, environment protection, health protection and consumer information. The article also analyzes the fragmentations in international law through the conflict between the Cartagena Biosafety Protocol and the Sanitary and Phytosanitary Agreement of the World Trade Organization.

The article offers world news briefs. The Commission Directive 2006/92/EC of November 9, 2006 amended Annexes to Council Directives regarding maximum residue levels for captan, dicholorvos, and others. The Commission Decision 2006/754/EC of November 6, 2006 amended Decision 2006/601/EC regarding non-authorized genetically modified organism in rice products.

The article discusses the legal frameworks of emissions trading in Europe. The European Union Emissions Trading Scheme could be described as the largest experiment to date with the creation of regulatory property. 2005 saw the launch of a trading market for greenhouse gas emission allowances as a primary pillar in the European Community strategy to lessen global warming. The main feature of the scheme lies in the establishment of a regulatory framework for trade in greenhouse gas allowances with detailed provisions on the administrative arrangements and procedures.

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]

On 13 June 2006 agreement was reached between the Commission, the Parliament and the Council on a comitology procedure whereby MEPs would be permitted to block implementation decisions taken by the Commission. In addition, such decisions would be made available in all the official constitutions of the Community and the time available for Parliamentary scrutiny was extended. Parliament finally endorsed these proposals. The new Decision is an important step towards greater Parliamentary scrutiny, although this clearly will not be the last word on this issue, since inter alia the new arrangements do not go as far as the earlier draft Constitutional Treaty8. Whilst Parliament has now been put on an equal legislative footing with the Commission, areas of disagreement still remain. However, aside from the political power struggle, one must consider how the arrangement will work in practice. Although Parliament did not use its existing powers to any great extent, this may have been a reflection of their limited effectiveness. Whilst Parliament may now have greater powers, the requirement for an absolute majority for blocking a decision may prove to be a new hurdle. [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]

This article critically analyses the future impact of Environmental Liability Directive' in the UK and the issues covering implementation of the Directive in the UK. The article discusses the problems created by the Directive and provides recommendations on how it should be transposed in the UK. It also considers whether insurance can cover the increased risks imposed on UK operators by the Directive. [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 article provides a report and detailed analysis of the landmark case of Ian Cook v. Environment Agency and May Gurney Ltd (17 May 2006). This is the first case in which the Environment Agency has ever been successfully prosecuted for a pollution offence. This article evaluates the future implications of this precedent case and discusses it in the context of other private prosecutions of environmental crimes. [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]

The article offers news briefs regarding environmental protection in Europe. A call for proposals regarding the European Topic Centre on Air and Climate Change was issued by the European Environment Agency. The Council Decision has approved the agreement on International Dolphin Conservation Programme on December 8, 2005. The Directive 2000/14/EC on the estimation of the laws regarding outdoor equipment's noise emission in the environment was modified by the European Parliament and Council on December 14, 2005.

Since the SEA Directive was entered into force, a most frequently asked question has been "whether the plan and programme at stake should be subject to SEA process or not". This question is supposed to be resolved by the SEA Directive itself and its Guidance. Yet, due to the unclear interpretation provided by the SEA Guidance, the diversity of decision making types among different Member States and the different industrial sectors, the application of it to plenty of cases remains unclear. [ABSTRACT FROM AUTHOR]

The article provides information on several directives on environmental law by the European Commission. The commission has enacted the issue on the maximum residue levels of kresoxim-methyl, cyromazine, bifenthrin, metalaxyl and azoxystrobin. On the other hand, the commission provides agri-environment support to farmers who participate in an agreement to carry out their activities beyond the usual farming practice which is to farm in an environmentally-friendly manner. It is also planning to implement agri-environment measures within a broader context.

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 paper provides an analysis of the German Packaging Ordinance of 1991 and its effects, focussing particularly on two cases concerning the legislation brought before the European Court of Justice. An historical overview of the development of the legislation is provided; the two European Court cases and the resulting judgments are introduced; and the governmental and academic reactions to these judgments are discussed to establish whether the rulings are either ambiguous or provide clear guidance for the German Government. [ABSTRACT FROM AUTHOR]

The European Directive 2004/35/CE on environmental liability with regard to prevention and remedying of environmental damage contains two provisions on financial assurances. Article 8, 2 provides that the competent authority shall recover, inter alia, via security over property or other appropriate guarantees, from the operator who has caused the damage or the imminent threat of damage, the costs it has incurred. Article 14 mainly requires the Member States to take measures to encourage the development of financial security instruments and markets by the appropriate economic and financial operators, including financial mechanisms in case of insolvency, with the aim of enabling operators to use financial guarantees to cover their responsibilities under the Directive. It also opens up the possibility for a Commission proposal with respect to a harmonised system of mandatory financial security. These provisions are generally described as containing a rejection of the idea of compulsory financial guarantees, more particularly, compulsory insurance. This contribution questions and rejects this interpretation. First the historic background and the main provisions of the directive are briefly described. Compared to other legislative instruments on environmental liability, the ambitions of the provisions of the Directive on financial assurances appear modest. Before analysing the provisions on financial assurances in detail, the article points to the fact that a systematic and teleological interpretation is predominant in the case law of the ECJ and that this method of interpretation is also relevant with respect to the Directive on environmental liability. Next, the legislative history of the provisions on financial assurances is examined, not so much to find authoritative statements on the intent of the legislator, as to understand the evolution of the text and of the policy objectives of its drafters. It is concluded that the Directive, while clearly not imposing compulsory insurance, necessarily requires Member States to set up a system of financial guarantees that effectively enables the competent authority to recover from a defaulting operator the costs it has made in carrying out ex officio measures. It appears that the financial guarantees and the liabilities they have to cover referred to in Art. 8 and in Art. 14 are of a similar nature. There thus is an apparent contradiction between the two provisions. This contradiction can only be overcome if the provisions are explained as each addressing a different aspect of the issue of financial assurances. In this interpretation, Art. 8 addresses the issue of financial assurances from the viewpoint of the protection of public interests and protects the competent authority against insolvency of the operator; Art. 14, 1 on the other hand, requires measures that encourage the development of financial guarantees in order to allow the operators to protect themselves against liability. Read in this manner, the Directive is internally consistent and adopts a two-pronged approach towards the issue of financial assurances. The third part of the article deals with the implementation of the financial assurance provisions of the Directive. With respect to Art. 8, 2, the main question is to determine when guarantees are to be considered "appropriate". One regrets that the Directive does not give more indications on this point. Article 8, 2 is only a weak legislative answer to the problem of guaranteeing recovery of expenses made by public authorities. There are various ways of implementing Art. 8, 2. Rationally speaking, guarantees which are only put in place after an incident causing environmental damage has actually occurred, cannot be considered as appropriate, as they provide no protection in the event of environmentally dangerous activities being carried out by undercapitalised undertakings or undertakings overburdened by liabilities.… [ABSTRACT FROM AUTHOR]

This article examines the general principles of the Aarhus convention, the basics of administrative court review in Estonia and how the convention has influenced access to administrative courts by individuals and NGOs in environmental matters in Estonia where environmental standing has evolved into a very broad standing, if not into the broadest standing in Europe. [ABSTRACT FROM AUTHOR]

One of the most important problems relating to genetically modified organisms is that of the co-existence of conventional and organic crops with genetically modified crops. Can they co-exist? In this article the author examines the relevant provisions of European, Greek and international environmental law to argue for the adoption of a special legislative regime for dealing with the problems associated with the co-existence of GM and conventional or organic crops before presenting guidelines for responsible legislation on coexistence. [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]

The article discusses the Waste and Emissions Trading Act 2003 of the Great Britain. This Act is made to make provision about waste and about penalties for non-compliance with schemes for the trading of emissions quotas. Part 1 of the Act is planned to give legal effect to the obligations imposed by Article 5(1) and (2) of Council Directive 1999/3 1/EC1 which was adopted on 26 April 1999 and entered into force on 16 July 1999. The Act also implements a commitment in the White Paper "Waste Strategy 2000: England and Wales" to introduce tradable allowances for local authorities to restrict the amount of biodegradable municipal waste sent to landfills. The main aim of Article 5(1) and (2) of the Landfill Directive is to reduce the amount of biodegradable waste that is sent to landfills. Member States are bound to establish a national strategy for the reduction of biodegradable waste going to landfills. Such a approach must ensure that targets for the reduction of the amount of biodegradable municipal waste going to landfills set out in Article 5(2) of the Directive are met.

The paper reviews the environmental law in Germany. Germany implemented the European Emissions Trading Scheme relating to a mechanism for the trade of greenhouse gas emissions in the European Community into national law. On July 15, 2004, the Draft of the Ordinance concerning solvent-based paints and varnish has been approved. The Renewable Energy Sources Act entered into force on August 1, 2004. On April 1, 2004, the Federal Administrative Court decided a crossing over the river Mosel between Belgium and Germany. The German government decided the Draft of an Amendment to the Packaging Ordinance on November 3, 2004. On July 1, 2004, the government agreed to the draft of an Act on Improving Preventive Flood Protection.

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]

This is a roundup of environmental laws in Belgium. The Walloon Government has decided to grant subsidies for an environmentally friendly agriculture. A ministerial decision regards the selection and accompanying of projects for project bound mechanisms in the framework of the Kyoto Protocol. The European Court of Justice has given a judgment in the case C-454/03 in which it declares that by failing to adopt the laws, regulations and administrative provisions necessary to comply with directive 98/44/EC of the European Parliament and the Council on the legal protection of biotechnological inventions, the Kingdom of Belgium has failed to fulfill its obligations under Article 15 of that directive.

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 Great Britain from August to October 2002. The Protection of Water Against Agricultural Nitrate Pollution Regulations make further provision relating to the implementation of Council Directive 91/676/EEC, concerning the protection of waters against pollution caused by nitrates from agricultural sources. The Agricultural or Forestry Tractors (Emission of Gaseous and Particulate Pollutants) Regulations 2002, which prohibit the initial entry into service of tractor engineers which do not meet specified emissions requirements. The Atomic Energy (Americium) Order 2002 specifies Americium as a "prescribed substance" for the purposes of the Atomic Energy Act 1946.

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.

The article provides information on the environmental law in Europe. Commission Directive 2004/95/EC of September 24, 2004 amended Council Directive 90/642/EEC as regards the maximum residues levels of bifenthrin famoxadone fixed therein. Council Regulation established a Community program on the conservation, characterization, collection and utilization of genetic resources in agriculture. The Commission also granted consent for placing on the market of a maize product genetically modified for glyphosate tolerance. Commission Directive adapted for the fifth time to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail. A chronological summary of reports and motions before the European Parliament during 2004 is provided.

This article is about good governance, as presented in the 2001 EC White paper, in relation to environmental legal policy making in Europe. First a concise analysis is made of the concept of good governance. Then, in a ″tour d′horizon″, environmental policy programmes, legal cornerstones and instruments are described on the basis of the five main principle of good governance: openness; participation; accountability; effectiveness; and coherence. This overview illustrates the move toward good governance, fitting with the wording of the fifth. Environmental Action programme of 1993: ″Whereas previous environmental measures tended to be prescriptive in character with an emphasis on the ′thou shall not′ approach , the new strategy leans more towards a ′lets's work together′ approach .″ However, much is yet to be done, if a true shift in governance is to be brought about. A futher analysis is therefore made of the possibilities of enhancing the concept of good environmental governance under the future European Constitution. major improvement are within grasp if there is a willingness to place a″clean″Europe for citizens before the single market, introduce basic citizens' right on basic environmental standards, futher support for environmental NGO's and allow for more competition between Member States. [ABSTRACT FROM AUTHOR]

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]

Hungary is almost 100% compliant with the current EU environmental laws, disregarding the transitional derogations. Hungary is a fully entitled member of the EU from 1 May 2004, and therefore the entire directly applicable body of EU law is applicable with certain exceptions. As in the case of all investment markets prior to significant growth, it is also true for the Hungarian market for environmental investments, that the experience gained and the contacts and operational mechanisms established with the early creation and strengthening of a presence on the market provide a dominant advantage over market competitors who are slow to react. With a large number of issues arising from the realization of environmental investments that demand considerable professional expertise and experience, high-quality legal, financial and tax advice is essential. These investments are very considerableo in their extent, complexity and diversity, and therefore their successful realization requires serious consideration and professional knowledge. However, with the mobilization of appropriate financial and intellectual resources, long-term and large-scale environmental investments carry the promise of permanent success. [ABSTRACT FROM AUTHOR]

Eco-labelling is a means of conveying environmental information to the consumer with the eco-label being the carrier of information, telling the public through the label that the product is more environmentally friendly than comparable products. The Blue Angel, Germany's eco-label, fulfils the role of an instrument of environmental protection to a high degree by being limited to the relevant facts, carrying easily understandable information and by ensuring that the information originates from a neutral official source. Furthermore, the information contained in the Blue Angel is both easily recognized and easily obtained. On the negative side, however, the Blue Angel is sometimes not easily understood without the need for additional information and the relativity of the eco-label is not readily understood by the consumer. [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.

This article presents an analysis of the draft Treaty as submitted by the Convention on the Future of Europe in July 2003. Issues, which at first sight may not appear closely related to the environment, can, in fact, be expected to have crucial implications for EU environmental policy in the long term. The authors identify potential environmental implications and key opportunities for future improvement and point out some of the most important institutional provisions of the draft European Constitution which are likely to have environmental repercussions and yet could be revised as a result of the ongoing negotiations among Member State governments. [ABSTRACT FROM AUTHOR]

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.

Reports on developments related to international environmental law and policy, compiled as of June 2004. Principal objectives of the Convention on Biological Diversity conducted during the United Nation Conference on Environment and Development; Recognition of the complementary role of the Global Environment Facility under the United Nation Convention to Combat Desertification.

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.

Presents the case report "Case C-201/02 Wells v. Secretary of State for Transport, Local Government and the Regions," concerning a dispute on the interpretation of Directive 85/337/EEC. Facts of the case; Merits of the case; Argument of the defendant; Basis of the court ruling.

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.

The evolution towards a Ius commune in environmental law, especially within Europe, is the main subject of this article. It aims to present some of the main environmental issues, such as: general legal foundations, main legal instruments, procedural rules of implementation and rules of enforcement. Each issue is discussed from the viewpoint of developments within EC member states, the EC and, as a point of "external reference", the USA. As the features of the present day systems of environmental law are compared, not only do we find a greater coherence but also a linkage with the concept and principles of good governance. Maybe environmental law in the legal orders concerned has reached a stage at which unification is of less importance than allowing for differences and learning from them. [ABSTRACT FROM AUTHOR]

Environmental assessment has long been held to be a key tool in achieving one of the cornerstones of European Community environmental policy, that of environmental integration. However, it has taken the best part of 30 years to get to the point of implementation of the Strategic Environmental Assessment (SEA) Directive, due in 2004. Securing legislation for environmental assessment at strategic decision levels as well as project level EIA has been a symbolic milestone for environmentalists. This paper explores the background to the SEA Directive and analyses in detail its key requirements and implications for implementation. The paper also examines the relationship between the SEA Directive and the changing policy context over the period of its long gestation. It concludes that the SEA Directive has arrived at an opportune time to reinvigorate the environmental integration agenda, currently beleaguered by the much stronger social and economic agenda dominant in current EU conceptions of sustainable development. While there has been positive formalisation and strengthening of EU environmental policy over the past 30 years, arguably there has been inadequate real change in terms of the effective integration of the environment into decision-making on the ground. [ABSTRACT FROM AUTHOR]

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]

This article is more than mere analysis of law and policy in relation to the revised Batteries Directive. It describes the practical, legal and economic underpinning of voluntary agreements, also known as environmental agreements. It seeks to reveal that voluntary agreements provide a useful complementary tool to command and control models and economic instruments. The key elements of a voluntary agreement that could be implemented under the revised Batteries Directive have also been drafted and provided. The author argues that in some cases they provide advantages over command and control models by aiming for an `environmental consensus' that anticipates and plans for strategic interventions to reduce or prevent environmental pollution within a more flexible framework that allows for a confluence of science and industry know-how while reducing regulatory and related cost inefficiency.

Environmental letters of formal notice and reasoned opinions take at present about 40 per cent of all letters and reasoned opinions which the Commission issues. In 1985 Rehbinder and Stewart wrote in their book on EC environmental policy that access to information held by the EC institutions was easier to obtain for strong, powerful vested interest groups; this has not changed in the meantime. Where insurance, competition, state aid or industrial interests are at stake, the letters of formal notice or reasoned opinions are normally abundantly quoted in the press, the media and elsewhere, and no problem exists in obtaining copies. This is very different in the environmental field, where the preservation of habitats, rules against the hunting of species or ground- water or river pollution hardly ever are discussed in public. There is an international convention on access to information (the Aarhus Convention), which gives rights to the public in relation to environmental matters, but there is no such convention on access to information in industrial or other matters: that information is already available to the interested groups. This article examines whether individual persons have a right of access to these letters of formal notice and to the reasoned opinions which are issued by the Commission. [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.

Reports on environmental laws in Europe. Climate change levy in Great Britain; Protection of the marine environment of the North-East Atlantic; Electricity supplier's renewables obligation in Britain; Taxation in Britain; Forestry; Phytophthora ramorum; Protected zones; Coast protection in England; Pesticides in England and Wales; Safe transport of radioactive material.