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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.

This article takes the regulation of plant protection products as an example in order to evaluate the impact of the Aarhus Convention in a multilevel regulatory context. The author first gives an overview of the decision-making procedures in this field and discusses two judgments by the European Courts (C-174/05 Stichting Zuid-Hollandse Milieufederatie v College voor de toelating van bestrijdingsmniddelen and Joined Cases T-236/04 and T-241/04, European Environmental Bureau, Stichting Natuur en Milieu v Commission) to demonstrate why the current judicial review procedure presents a judicial deficit. She then evaluates the reduction of the judicial deficit in this field by the implementation of the rules on judicial review of the Aarhus Convention into the European legal order. [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]

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]

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.

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]

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]

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]

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]

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.

On 9 December 2002 the (Environment) Council of the European Union unanimously agreed on a common position on a Commission's proposal for a Directive establishing a scheme for greenhouse gas emissions allowance trading. This follows the idea that a common European emissions trading system should be preferred above a collection of national emissions trading systems. The European framework for emissions trading needs to he filled in by the Member States. One of their main tasks will be to allocate the greenhouse gas allowances according to a National Allocation Plan. The use of new regulatory instruments as emissions trading will raise new legal questions, which not always can be foreseen before the real application of the instrument in practice. It does not seem to he that the relevant institutions in the European Community already have a clear insight in all the necessary provisions for a well-functioning and just emissions trading, scheme. Especially the allocation of the tradable emissions rights can be questioned. With the present criteria, the allocation of the transferable rights will likely be a complicated and probably time-consuming task for the national governments. The European politicians seem to be willing, to take this risk with emissions trading, in order to build experience [ABSTRACT FROM AUTHOR]

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.

Lists environmental issues dealt with in the European Court in 2003. Nature conservation; Biotechnology; Waste management; Water quality.

The article presents developments in environmental law in Europe, including the decision of the Court on March 10, 2005 in the case Commission of the European Communities v. Federal Republic of Germany relating to assessment of the effects of certain public and private projects on the environment and the ruling of the Court of Justice on March 10, 2005 in the case Commission of the European Communities French Republic in relation to the management of waste at a waste tip at Saint-Laurent du Maroni.

The paper reviews the environmental law in Europe. Parliament adopted in a vote on April 13, 2005 a report on the sulphur content of marine fuels. The European Parliament approved the speedy introduction of a framework directive on ecodesign, ecological design of energy-using products. Accepting a report that short-sea shipping is environmentally friendly, Parliament adopted in a vote on April 12, 2005 the report on the promotion of short-sea shipping, slightly amended. Following a debate on April 14, 2005, Parliament adopted a report on the recovery of Southern Hake and Norway Lobster stocks in the Cantabrian Sea and Western Iberian peninsula. By a large majority, Parliament has accepted a compromise deal on a directive on re-usability and recyclability of cars which will lead to the implementation of a system of type approval of vehicles.

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.

The article offers new brief on agricultural environment in Europe. Commission directives has amended Council Directive as regards the maximum residue levels of ethofusemate, lambda-cyhalothrin, methomyl and others. Commission decision recognized in principle the completeness of the dossiers submitted for detailed examination in view of the inclusion of ascorbic acid, potassium iodide and potassium thiocyanate. The publication the European Economic and Social Committee on Chemicals legislation has been reported.

Reports on developments related to environmental policies on waste in Europe. Approval by the European Parliament of a conciliaton agreement on animal by-products not intended for human consumption; Summary of the main results reached in the negotiations; Sanction of a proposal on recycling and recovery of packaging waste with amendments.