Search

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]

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.

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.