bluuebunny/crossref_metadata_2025 huggingface dataset:
Plasma Netrin-1 & cardiovascular risk in children with end stage renal disease
Authors: Fadel Fatina I. , Madani Hanan A , Kamel S M , Othman Shorouk A. , Salah Doaa M.
Published: April 2022

Background: Cardiovascular disease (CVD) is the most common cause of mortality and morbidity in children with end stage kidney disease (ESKD) which arises from the interaction of several risk factors. The aim of the study is to assess CV risk of ESKD children and outline the impact of KTX on this CV risk. Also valuate the relation between plasma Netrin-1, chronic inflammatory markers and CV risk. Methods: Sixty ESKD (30 on regular hemodialysis (HD), 30 recipients of kidney transplant (KTX)) were assessed using 24 hour AMBP assessment, laboratory (including lipid profile and markers of chronic inflammation namely N/L and HsCRP) and echocardiographic data. Plasma netrin-1 was assessed by ELISA technique for all patients. Results: showed significant higher prevalence of hypertension, higher number of patients with 24hrs BP> 95th percentile by ABPM, more prevalence of nocturnal non-dipping BP, higher percentage of obese and overweight patients, worse biochemical analysis, higher chance of medical calcification by higher Po4 and Ca X Po4, higher triglyceride level and lower HDL level and higher N/L in HD than KTX group. Significant inverse relation was detected between plasma netrin 1 and Hs CRP and between netrin 1 and N/L (p<0.001).
RELATO DE EXPERIÊNCIA: CURSO SOBRE AS 5 DOENÇAS QUE MAIS MATAM NO BRASIL E A SUA RELEVÂNCIA FRENTE A NECESSIDADE DE PROCURAR INFORMAÇÃO DE QUALIDADE NO MEIO ACADÊMICO.
Authors: Flores Nunes Leticia , Santos Silva Lívia , Sayuri Sumikawa Daikuzono Alice , Antunes Ivana , Alves Queiroz Leticia , Guimarães Camara Gabriela , Patrocínio Rocha Michelle
Published: April 2022

Introdução: As cinco doenças com maiores taxas de mortalidade no Brasil correspondem a patologias circulatórias, neoplásicas, respiratórias, endócrinas, nutricionais e metabólicas e digestivas, respectivamente. O desenvolvimento e progressão de tais doenças são influenciados por diversos fatores de risco. No entanto, todas relacionam-se diretamente com os maus hábitos de vida contemporâneo. Portanto, a promoção do curso “As cinco doenças que mais matam no Brasil” visou trazer conhecimento sobre as patologias, bem como conscientizar os ouvintes acerca da importância de bons hábitos de vida, prevenção e diagnóstico precoce dessas morbidades. Relato: O conteúdo do curso baseou-se em dados do Datasus e teve como principal público-alvo estudantes de medicina. Quanto à inscrição, foi promovida a partir de formulário do Google e divulgada por meio das redes sociais, além de mais dois formulários para a contagem de presença dos mais de 200 participantes. Sua realização deu-se a partir da parceria estabelecida entre o Comitê Permanente em Saúde Pública (SCOPH) e seis ligas acadêmicas da faculdade, composto por cinco palestras em um único dia ministradas por médicos especialistas das cinco áreas. Discussão: No Brasil, a qualidade de vida das pessoas e as doenças que mais matam são fortemente influenciadas pelos hábitos de vida. Ademais, a falta de acesso da população à informação de qualidade, prevenção e continuidade de um tratamento integral facilitam o desenvolvimento e agravamento dos quadros clínicos. Conclusão: O curso foi capaz de informar adequadamente os participantes, bem como destacar a necessidade de diagnóstico precoce e de medidas de informação da população quanto ao impacto dos hábitos de vida nessas doenças, levando em consideração as disparidades dos sistemas de saúde. Visando, sobretudo, trazer conscientização e informação de qualidade sobre as cinco doenças que mais matam no Brasil.
Description of the Laser Flash Analysis Method for Thermal Diffusivity Measurement with the LFA 447
Authors:   Aalborg University, Johra Hicham
Published: April 2022

The aim of this lecture note is to detail the methodology of the Laser Flash Analysis for the measurement of thermal diffusivity of small test samples. Such measurements can be conducted with the Laser Flash Apparatus LFA 447 (Netzsch Gerätebau GmbH) at the Building Material Characterization Laboratory of Aalborg University - Department of Civil Engineering.
Thermophysical Properties of Building Materials: Lecture Notes
Authors:   Aalborg University, Johra Hicham
Published: April 2022

The aim of this lecture note is to introduce the motivations for knowing and measuring the thermophysical properties of materials, and especially construction materials. The main material characteristics regarding thermodynamics are detailed together with some of their respective measurement methods and their implications in building physics. Those thermophysical properties of building materials can be measured at the Building Material Characterization Laboratory of Aalborg University - Department of Civil Engineering.
Coating Translucent and Semitransparent Material Samples for Laser Flash Analysis
Authors:   Aalborg University, Johra Hicham
Published: April 2022

The aim of this technical report is to present and discuss the influence of graphite coating on the measurement of thermal diffusivity for translucent or semitransparent material samples with the Laser Flash Analysis (LFA) method. This experimental study has been conducted at the Building Material Characterization Laboratory of Aalborg University - Department of the Built Environment, with the Laser Flash Apparatus LFA 447 (Netzsch Gerätebau GmbH).
Thermal properties of building materials - Review and database
Authors: Johra Hicham
Published: April 2022

The aim of this technical report is to present and give an overview of a dataset collecting the main thermo-physical properties of various common construction and building materials used in the built environment and composing elements of buildings and infrastructures. In addition, suggestions and recommendations are made for the thermo-physical properties of the materials composing the indoor content and furniture elements present in the built environment.
Performance overview of caloric heat pumps: magnetocaloric, elastocaloric, electrocaloric and barocaloric systems
Authors:   Aalborg University, Johra Hicham
Published: April 2022

Heat pumps are an excellent solution to supply heating and cooling for indoor space conditioning and domestic hot water production. Conventional heat pumps are typically electrically driven and operate with a vapour-compression thermodynamic cycle of refrigerant fluid to transfer heat from a cold source to a warmer sink. This mature technology is cost-effective and achieves appreciable coefficients of performance (COP). The heat pump market demand is driven up by the urge to improve the energy efficiency of building heating systems coupled with the increase of global cooling needs for air-conditioning. Unfortunately, the refrigerants used in current conventional heat pumps can have a large greenhouse or ozone-depletion effect. Alternative gaseous refrigerants have been identified but they present some issues regarding toxicity, flammability, explosivity, low energy efficiency or high cost. However, several non-vapour-compression heat pump technologies have been invented and could be promising alternatives to conventional systems, with potential for higher COP and without the aforementioned refrigerant drawbacks. Among those, the systems based on the so-called “caloric effects” of solid-state refrigerants are gaining large attention. These caloric effects are characterized by a phase transition varying entropy in the material, resulting in a large adiabatic temperature change. This phase transition is induced by a variation of a specific external field applied to the solid refrigerant. Therefore, the magnetocaloric, elastocaloric, electrocaloric and barocaloric effects are adiabatic temperature changes in specific materials when varying the magnetic field, uniaxial mechanical stress, electrical field or hydrostatic pressure, respectively. Heat pump cycle can be built from these caloric effects and several heating/cooling prototypes were developed and tested over the last few decades. Although not a mature technology yet, some of these caloric systems are well suited to become new efficient and sustainable solutions for indoor space conditioning and domestic hot water production. This technical report (and the paper to which this report is supplementary materials) aims to raise awareness in the building community about these innovative caloric systems. It sheds some light on the recent progress in that field and compares the performance of caloric systems with that of conventional vapour-compression heat pumps for building applications.
Magnitude of Sudden Infants Deaths, maternal mortality and Still Births in Pakistan
Authors: Shabbir Ayisha , Asif Hina , Kabir Mahvish
Published: April 2022

SIDS, SIUD, stillbirths and maternal mortality is an alarming condition in low income countries like Pakistan as Pakistan is a country with highest morbidity in such cases all over the world. Although research is ongoing across the globe to reduce the burden of such devastating situation but it continues to rise in Pakistan due to some known and unknown reasons. It is recommended that the pathophysiological basis of the SIDS should be investigated by continued research. To decrease the magnitude of SIDS, SIUD, stillbirths and maternal mortality in Pakistan numerous precautionary measures are required to be taken by NGOs, Government and policy makers. Trained healthcare professionals, midwives, traditional birth attendants should be sent to rural areas to help and increase awareness. A national center should be made on urgent basis to monitor and register such cases, provide health care facilities and guidance, make laws of compulsory investigation and autopsy of sudden death of fetus or infants and implement and enforce these laws. A databank should be made with preserved tissues of such victims for further diagnosis and research. Preventable stillbirths must be avoided by taking necessary measures.
Diversity of practices in social dialogue in the public service in selected African countries
Authors: Budeli-Nemakonde Mpfariseni , Kasongo Kamwimbi Theodore ,   International Labour Organization. Sectoral Policies Department.
Published: April 2022

Social dialogue, which forms part of the regulation of labour relations in the public sector, can take a variety of forms ranging from the simple act of publishing informal recommendations, or consultation and sharing information to the most formal and binding negotiated agreements, bargaining or more developed forms of consultation. Although each country has its own cultural, historical, economic, and political setting, there is a diversity of practices in social dialogue in the public service, and the common model of social dialogue for all countries seems to be freedom of association and the right to collective bargaining. It is, therefore, worth showing how different countries manage to adapt their diverse practices in social dialogue in the public service to the national situation. To this end, this report focuses on five selected African countries, namely Angola, Kenya, Tunisia, South Africa, and Ghana. These countries represent respectively the five main subregions of Africa (Central, Eastern, Northern, Southern and Western Africa) as suggested by the ILO. A thorough analysis of these countries’ social dialogue mechanisms in the public service shows that the functioning and sustainability of such mechanisms may be facilitated by permanent structures or institutions, such as national tripartite consultative committees.
Eco-Taxes in Spain
Authors: Aguilar Angel Baena
Published: April 2022

Constitutional restraints on the introduction of eco-taxes in Spain; the lack of political will at central level; powers of the autonomous regions and limitations. A review of ecological measures both within and outside the income tax regime — entering environmental liabilities in the balance sheet, deductions for mining enterprises, tax concessions for environmental investments, carbon taxes on motor fuels, Galician measures on sulphur and NOX emissions, excise tax on electricity, the taxation of other energy products, the taxation of vehicles, agricultural taxes, the taxation of solid waste, the taxation of water, and the taxation of specific assets.
Differentiation in EU Environmental Policy
Authors: Krämer Ludwig
Published: April 2022

A review of European Community environmental legislation since inception, highlighting the many circumstances in which the pursuit of common environmental goals has in fact led to differentiation and variation in the standards actually being applied. The reasons for and effects of these differences. The early measures — the discretion given to Member States to apply them in part or in varying ways; derogations; the absence of enforcement. The later years, beginning with the amendment of the EC Treaty to include a chapter on environmental policy. The scope of horizontal measures for divergent implementation. Legislation in specific areas and its potential for differentiation: water protection, air pollution, product-related measures, nature conservation and waste management. Conclusion that Europe "needs both differentiation and integration of environmental rules, at a high level of protection".
The Swedish Product Choice Principle
Authors: Mont Oksana
Published: April 2022

The spread of chemicals over the entire world means that Sweden cannot be satisfied with a chemical policy at national level. International co-operation is essential. Sweden is active in several international fields and, inter alia, pursues her policy on chemicals at the United Nations and the European Union. The goal of this article is to investigate how the Product Choice Principle (PCP), more usually called the substitution principle, is being interpreted in Swedish society; how different authorities perceive it; examine the current and potential role of the PCP in shaping environmental policy; give examples of practical application of the PCP exist; and look at the international spread of the PCP and what could be done to make the principle more widespread and more practically applicable. Section 2 presents the Product Choice Principle as it is defined in the Environmental Code, provides interpretations of it from the literature and interviews with authorities and other relevant stakeholders, looks into the kind of products to which it is applicable, and its legal status, whether it is legally binding and the enforcement opportunities. Section 3 presents insights on how the PCP is used in Sweden by different stakeholders, mainly national and local authorities and industry. Section 4 offers an overview of how the PCP, is presented in European policies, mainly the scope was on EU policies and Directives. Section 5 provides some reflections about problems regarding the application of the PCP, and the conditions for an effective functioning and implementation are also briefly discussed. Section 6 concludes the article and provides some recommendations for further research and information dissemination.
GMO Food Measures as "Restrictions" under GATT Article XI (1)
Authors: Zedalis Rex J.
Published: April 2022

This article attempts to decipher the reach of GATT article XI (1)'s reference to the term "restrictions" and offers some observations on whether that term might prove able to catch the kinds of GMO food product measures which have received consideration within the legislative circles of various GATT/WTO member states. When it comes to the range of measures that might be employed against GMO food products, a successful demonstration of an article XI (1) violation will depend upon proof that competition between products has been hindered or impaired. This essay indicates that GMO or other import measures disturbing the competitive relationship between foreign and domestic products rise to level of impermissible and prohibited "restrictions" under the GATT. Certain GMO food product measures might constitute impermissible "restrictions."
Corporate Governance and Social Responsibility: A New Sustainability Paradigm?
Authors: Bergkamp Lucas
Published: April 2022

Summary: In this article, an important and troublesome trend of the EC's environmental and social policy is discussed. This trend is best described as a new governance model. In this new model, the government and private sector work together to make new laws (the co-operative approach), and, conversely, corporations are required to assume social responsibilities. Thus, there are two sides to this trend: public government is privatised and corporate government is publicised.

The first part of this article discusses the co-operative approach, which has become popular in the environmental area. The main reason for this approach's popularity is that it is believed to avoid the pitfalls of the adversarial approach. The second part analyses the European Commission's ideas about corporate social responsibility (CSR) as set forth in a green paper on this topic. The definition and scope of CSR, the objectives and instruments proposed by the Commission, the CSR stake-holder model, and the management structure and tools required to implement CSR are discussed. The merits of the co-operative approach and CSR are discussed in the third section. The fourth section focuses specifically on the stakeholder model on which CSR is founded. In the next section, some issues that the CSR debate has neglected are brought to the forefront. A final assessment of the co-operative approach and the CSR model is set forth in the final section.
Riding the New Wave of European Water Law: How Member States are Tackling the Water Framework Directive
Authors: Smith Claire , Fairley Ross , van Geen Henry , Hoedl-Adick Marcus , van Thuyne Gauthier , de Roover Debby
Published: April 2022

The Water Framework Directive (WFD) has been heralded as the most significant piece of water legislation to come out of the European Union (“EU”) in the last 20 years and looks set to overhaul the way in which Member States will manage their water resources in the future. This article examines the key objectives of the WFD and gives a comparative overview of how England & Wales, Germany, the Netherlands and Belgium are proposing to implement it.
The EU Chemicals Policy Review from a Legal Perspective: For a Progressive, Coherent and Integrated Approach that Preserves the Internal Market
Authors: Montfort Jean-Philippe
Published: April 2022

This paper analyses the Commission White Paper on a Strategy for New Chemicals Policy from a legal perspective.

In concentrating its efforts towards resolving the “burden of the past”, the White Paper does not provide the fundamental justification of the choice of a single system applicable to both new and existing chemicals and many uncertainties remain as to the scope and functioning of this system. Ensuring the coherency of the future legislation will require clarifying the fundamental legal nature and consequences of each phase of the proposed “REACH” system, and streamlining the REACH processes on the basis of centralised, efficient, and transparent decision-making processes.

The White Paper does not specify how the Commission intends to ensure that the new legislation preserves the internal market for chemicals, another fundamental objective of the reform. This will require that the new legislation be based on Article 95 of the EU Treaty, that it clarifies some of the grey zones of the existing chemical legislation, and that the Commission effectively enforces the internal market discipline with respect to those cases where national competencies remain.

Finally, efficacy will require the prioritisation of the scope of the REACH system to avoid duplication of efforts and a fundamental reflection on the interactions between the different EU policies and legislation affecting chemicals to ensure that the future chemical legislation is integrated and coherent.
Towards an EU Strategy for Integrated Coastal Zone Management
Authors: Mullard Sally
Published: April 2022

Absence of coordinated policy for coastal zone management (CZM); pressure on coastal resources; management problems; absence of integrated EU policy; potential under the Fifth Environmental Action Programme, current EU policy measures and EU funding facilities; reasons for more EU involvement; possible features of an EU strategy.
Plans and Prospects for the European Parliament in Shaping Future Environmental Policy
Authors: Collins Ken
Published: April 2022

This paper traces the development of European environment policy before going on to discuss the role of the European Parliament and its Environment Committee. After describing the institutional changes that have taken place over the past ten years at a European level, the article explores some further modifications to the Treaties which would facilitate environment policy making. The paper also highlights some of the specific policy areas that the Environment Committee is currently addressing and concludes with a look to the future prospects of European environment policy.
European Environmental Tax Policy: Proposal for a Policy Vision and a Legal Framework
Authors: Deketelaere Kurt
Published: April 2022

Analysis of all the policy declarations, realisations and proposals concerning European fiscal environmental policy instruments shows that the Community institutions in general and the European Commission in particular do not have a clear view on the development of a European environmental tax policy: in the absence of a general debate on this topic, there is no elaborated policy line and, as a consequence, all adopted and proposed European fiscal environmental policy instruments are "one-shots", which do not fit into a general framework. Therefore, in the discussion about the development of a European environmental tax policy, absolute priority must be given to the creation of a concrete European policy vision and the elaboration of a general European legal framework, on the basis of which European fiscal environmental policy instruments are being developed, proposed and adopted. In this article, a policy vision, as well as a legal framework, are proposed. A possible and desirable policy vision is one by which the Community, via ambitious ecological goals and regulating fiscal environmental policy instruments, resolutely chooses in favour of an environmental tax policy in which the protection of the environment, and not the creation of new jobs or financial means, is the central goal. A possible and desirable legal framework, corresponding to this policy vision, is one by which the Community adopts the following three pillars, based on the principles of subsidiarity and integration: pillar one, a "clean-up" of the present environment-unfriendly fiscal regulations in regional and national (fiscal) legislation conducted at European level; pillar two, the use of ecological fiscal incentives, again conducted at European level; pillar three, a European-conducted use of environmental taxes.
Environmental Impact Assessment in the Czech Republic and Romania
Authors: Sheate W R , Palerm J Romanillos
Published: April 2022

The Czech Republic and Romania present two very different levels of development of environmental impact assessment ( EIA ) , even though both countries gained their independence in the same year (1989) and both have aspirations to join the European Union (EU). This article examines the various driving forces for EIA legislation, analyses the different EIA concepts and identifies the strengths and weaknesses of the two regimes. While the Czech Republic introduced an EIA Act in 1992 (based mainly on the EC Directive 851337jEEC), Romania has yet to draft any ElA-specific legislation. Furthermore, the concept of EIA in Romania is very different to that in the Czech Republic and the EU. While all indicators suggest that the Romanian EIA system is ineffective, little research has so far been carried out to verify this. The Czech Republic, by contrast, shares many weaknesses of its EIA system with those of EU countries. Both share common problems of many Central and Eastern European countries, including low or variable public environmental awareness, an immature NGO movement (but gaining in strength and experience), a history of minimal public involvement in decision-making, and internal conflicts within government which inhibit the development of EIA and wider environmental legislation.
Austria's Perspective on European Environmental Liability Proposals
Authors: Schmelz Christian , Brandl Ernst
Published: April 2022

In this article we will first describe Austria's system of environmental law. After that we would like to share a Jew thoughts about the controversy between command and control systems and market based systems of environmental protection. Finally we will present a draft for an Austrian environmental liability law, and touch upon several issues also mentioned in the Commission's Green Paper on Remedying Environmental Damage.
Flemish Environmental Policy Principles
Authors: Deketelaere Kurt
Published: April 2022

After a short survey of different aspects (legal framework, legal bases, goals) of environmental policy and law in the Flemish Region, this article focuses on the principles of environmental policy and law in the Flemish Region. The existence and significance of these principles is examined from the perspective of the Rio Principles on environment and development adopted in 1992 and the European environmental policy principles embedded in Article 130R (2), EC Treaty
The Meaning of "Waste" in European Community Law
Authors: Salter John
Published: April 2022

A short review ofcurrent ECJ cases on the meaninogf "Waste"; Member Stares' competence to use criminal penalties to promote compliance with

Community law; the meaning of "discard" and the meaning of "disposal" and "recovery"operations for the purposes of Directive 91/156/EEC; likelihood of a wide interpretation of the term "waste".
The Leghold Trap Regulation and Potential Pitfalls During the Dutch Presidency of the EU
Authors: Harrems Nathalie
Published: April 2022

The Netherlands acted as President of the EU for the first half of 1997. An amendment to the Leghold Trap Regulation was one of the issues on the rolling programme inherited from the previous Presidency. As the Netherlands was, at that time, the only EU Member State to have implemented the Leghold Trap Regulation, this issue was considered a particularly sensitive one for the Presidency. How it was dealt with during the Dutch Presidency is the topic of this article.

It is argued that by making use of the powers granted to the EU Presidency, as well as by close co-ordination with the European Commission, the Netherlands was able to deal with the leghold trap issue in a way which satisfied national goals and needs, both from a Member State's perspective and as President.
UK Perspectives on the Definition of "Waste" in EU Legislation
Authors: Pocklington David
Published: April 2022

The recent decision of the High Court of England and Wales in Mayer Parry Recycling v The Environment Agency, providing an analysis of the term "discard" in the context of waste law and its relationship to recovery operations; the point at which material ceases to be regarded as waste; the "environmental criterion" in borderline cases.
The WTO Appellate Body In Shrimp/Turtle: Picking up the Pieces
Authors: van Calster Geert , Falconis Collegium
Published: April 2022

The WTO Appellate Body's Report in the Shrimp/Turtle case dismisses the application by the Panel of Article XX of the GATT Agreement. A unilateral measure cannot be excluded from the application of this Article merely because of its design. GATT Article XX requires a case-by-case approach.

The "related to" test of GATT Article XX(g) requires a close relationship of ends and means. The US measures at issue amount to unjustifiable discrimination, because US officials applied a rigid and unbending standard for the granting of import licences, and failed to take account of all conservation measures in the exporting countries. The US legislation was also held to lead to arbitrary discrimination on due process grounds.

The Report signals the further integration of international environmental developments in free trade law.
The New German Batteries Ordinance
Authors: Martens Claus-Peter
Published: April 2022

A review of the new German Ordinance on the Taking Back and Disposal of Used Batteries; implementation of the EU Directives, rendering compulsory certain arrangements previously assumed voluntarily; objectives - waste avoidance, recycling and proper disposal; definitions; the duties on manufacturers to take back batteries and recycle or dispose of them; the joint take-back system; the duty of distributors to take back certain batteries; special provisions in relation to vehicle starter batteries; duty on waste disposal bodies to accept batteries; the duty of end-users to return certain batteries; review of the system; labelling requirements; prohibition on introducing certain batteries into circulation; duties to provide information; penalties for breach.
The EC State Aid Regime regarding Renewables: Opportunities and Pitfalls
Authors: Delvaux Bram
Published: April 2022

Summary: This article analyses the integration of a Community's priority, the renewable energy sources. Member States nowadays financially support renewable energies, but have to comply with the State aid provisions of the European Community Treaty (EC Treaty). Therefore the European Community has created an entire legal framework aiming at promoting and supporting the use of renewables, which will be discussed in this article. Besides the different Directives and proposal promoting renewable energies in various ways, the Commission also devised a set of Guidelines on State aid for environmental protection where the current version of 2001 has extended their application more precise to the renewable energies. The article analyses these Guidelines and their application with regard to renewable energy sources. Review of the new Guidelines reveals that Member States are offered several new possibilities to promote renewable energies while complying with the State aid rules of the European Community. The article outlines the PreussenElektra judgement of the European Court of Justice (ECJ) and its political attractiveness with regard to the promotion of renewables. The article concludes that the European Community has provided a favourable manual of guidance but there is still a long way to go if we would like to achieve an equal footing between renewable energy and conventional energy.
Environmental Liability of Parent Companies and Subsidiaries under German Law
Authors: Martens Claus-Peter
Published: April 2022

Summary: The bases of liability under German environmental law are as complex as are the addressees of liability. The responsibilities do not exclude each other but rather often apply parallel to each other.

Under German civil law, the main emphasis is on the liability of the enterprise. Parallel to that, company bodies and executive employees may be held liable. Employees are liable for tortious acts committed wilfully or by gross negligence; however, they are solely liable for compensation claims vis-à-vis the enterprise but not vis-à-vis third parties. In the internal relationship between parent company and subsidiary, the parent company is always liable if the acts of the subsidiary which led to a realisation of the elements of liability were committed by order of the parent company or if another type of influence of the parent company on the acts of the subsidiary can be established. In contrast to that, liability under German criminal law, as a rule, applies as to the individual employees of the enterprise.

With respect to the avoidance of liability, only a combination of various measures, such as prohibitions and the development of more self-responsibility and self-control of the enterprises, will lead to the greatest success. In particular the principles of the eco-audit should be applied in each enterprise even without an official participation in the eco-audit system.
Fog and Acid Rain Drifting from Luxembourg over Art. 95(4) EC: Case C-3/0 Kingdom of Denmark v. the Commission of the European Communities Danish Food Case
Authors: Wennerås Pål
Published: April 2022

Summary: Art. 95 EC illustrates the Janus-face of the EC Treaty: While being perhaps the most important vehicle for an ever closer market integration, it also recognizes Member States’ right to derogate from Community harmonization in order to protect fundamental needs such as protection of public health and environment. On 20 March this year, the European Court of Justice (ECJ) set out to clarify this dichotomy in a case concerning Denmark's right to maintain national provisions derogating from a Community Directive on the use of additives in foodstuffs. Apart from presenting an exhaustive interpretation of the conditions in Art. 95(4) EC, the ECJ also touched upon a variety of fundamental issues such as the right to be heard and the extent of judicial review. At first sight, the judgment seems to afford Member States considerable autonomy to maintain a higher level of protection of major needs, e.g. public health. However, upon closer scrutiny it appears that the ECJ may in fact have limited the scope of Art. 95(4) EC. As the Court also rejected Member States’ right to be heard in derogation procedures and informed in an obiter dictum that it will not review the Commission's assessment of proportionality under Art. 95(6) EC, the judgment mirrors the Janus-face of the provision it attempted to clarify. In sum, it seems that Member States will have serious difficulties in fulfilling the conditions for maintaining a higher level of protection than Community standards. Furthermore, the ECJ has left the Commission with considerable discretion in deciding whether to approve or reject national legislation.
Towards a Legal Framework in the EU for Brownfield Redevelopment
Authors: Vanheusden Bernard
Published: April 2022

Summary: Brownfield sites are a major soil-related problem in every industrialised nation. Within the European Union more and more Member States are searching for different measures to deal with soil remediation in general, and with brownfields in particular. Soil remediation will demand tremendous investments. It remains unclear how these costs will be distributed among public authorities and the business community. Several governments, together with their administrations, have already taken different initiatives. Nevertheless, the shortage of knowledge and information regarding brownfield development still creates a lot of difficulties with the start up and realisation of potential brownfield projects in the EU. This article offers a comparative survey of different legal approaches within the EU and in the United States to deal with brownfields. Starting with the US legal framework; then pointing to relevant European legislation and recent actions taken by the European Commission; finally, the article describes interesting developments within several Member States with regard to soil remediation and, more specifically, brownfield redevelopment.
Pollution Prevention and Control in Europe Revisited
Authors: Dietze Doris , Bohne Eberhard
Published: April 2022

Summary: This article provides an operationalisation of the concept of integration within the meaning of the IPPC Directive along the dimensions of procedural, organisational, and substantive integration. Within this conceptual framework of integration, the national transpositions of the IPPC Directive in Germany, Denmark, Spain, France, Italy, the Netherlands, Sweden and the UK are presented, and critically reviewed. On the basis of empirical implementation data and the results of legal analyses it is shown that the holistic approach of the IPPC Directive remains elusive in Europe. Therefore, the discussion concludes with some observations on regulatory credibility, efficiency, and strategy in a Union of 25 Member States.
The Equator Principles: The Voluntary Approach to Environmentally Sustainable Finance
Authors: Richardson Benjamin J.
Published: April 2022

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.
Advance Informed Agreement and Biosafety - the Elaboration, Functioning and Implications of AIA in the Cartagena Protocol
Authors: Langlet David
Published: April 2022

The article provides a background on the perceived risks and benefits of living modified organisms (LMOs) and major scientific assessments made. It gives a brief account of the negotiations which led to the adoption of the Cartagena Protocol. The main focus is on describing and analysing the Advance Informed Agreement (AIA) procedure and the provisions for risk assessment and decision-making, including the precautionary approach and socio-economic considerations. Of particular interest is the way the procedure may contribute to strengthening the de facto territorial sovereignty of prospective importing States. The article further analyses the implementation of the AIA procedure in EC law and how this corresponds to the Protocol. It also gives attention to the provisions on access to information and public participation as means to enhance the legitimacy and quality of decisions regarding LMOs. Strengths and weaknesses of the Protocol with regard to the objective of strengthening the ability of importing countries to make and implement informed decisions are analysed. The article accounts for developments up to the second Meeting of the Parties held in June 2005.
Article 228(2) EC and the Enforcement of EC Environmental Law: A Case of Environmental Justice Delayed and Denied? An Analysis of Recent Legal Developments
Authors: Hedemann-Robinson Martin
Published: April 2022

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.
Tackling Eutrophication: The Implications of a Precautionary Approach
Authors: Jack Brian
Published: April 2022

Eutrophication is a major water pollution problem which affects inland and coastal waters throughout the European Community. This article examines the Community’s response to this issue. The Community appeared to have established a comprehensive framework of measures when, in the 1991, it adopted the Urban Waste Water Treatment Directive and the Nitrates Directive. However, as this article points out, it soon became apparent that there were several important gaps within this framework. With the adoption of the Integrated Pollution Prevention and Control Directive, in 1996, and of the Water Framework Directive in 2000 the Community put in place even more extensive provisions that would plug these gaps. However, one important question has remained. When exactly should individual water bodies be considered to be eutrophic? Both the Urban Waste Water Treatment Directive and the Nitrates Directive contain very similar definitions of eutrophication. However, Member States have been left to their own devices in interpreting and applying these definitions. This has led some Member States to adopt a restrictive approach with the result that some eutrophic waters have been left unprotected. The European Court of Justice has now turned its attention to this matter. In two enforcement actions, against France, the Court has provided its interpretation of the definitions set out in these Directives. This article examines these cases and points out that the Court adopted a highly precautionary and purposive approach. The article also analyses the wider implications of this case law. It points out that the Court’s judgments in these cases have potentially far reaching consequences not just in relation to the Urban Waste Water Treatment Directive and the Nitrates Directive, but also with regard to the steps that must be taken under the Integrated Pollution Prevention and Control Directive and also the Water Framework Directive.
Product Ban versus Strict Regulation: the Case of Trichloroethylene Use in Sweden and Germany
Authors: Mont Oksana , Heblich Stephan , Plepys Andrius
Published: April 2022

The use of trichloroethylene (TCE) in the metalworking industry in Europe is regulated due to environmental, health and safety considerations and various countries apply different instruments to reduce TCE use. This paper examines two different regulatory approaches: risk management based on strict technical standards in Germany and a general ban in Sweden, which later evolved into an exemption and permit system.

Both approaches induced significant reduction of the total TCE emissions from the metalworking industry. However, in terms of emissions per value-added the rate of improvement was ten times higher in Germany, where by 2003 the emissions per value-added were 140 times lower than in Sweden. The German approach stimulated technology innovation and more sustainable businesses as well as better health and safety conditions for workers. In Sweden many larger firms totally shifted away from the use of TCE. However, some (mainly SMEs) could not find substitute to TCE and had to rely on an exemption and permit system, which allowed continuous use of decades-old equipment with relatively high emission factors. While workers’ exposure in these installations in Sweden is limited by health and safety regulations, there are few limitations for the total emissions into atmosphere.

The case illustrates that environmental risk management through strict regulations could be more effective than bans in the short run and in promoting technological innovation and higher environmental and heath and safety standards. On the other hand, the long term goals of eliminating the use of trichloroethylene is better addressed by the ban.
A Governance Perspective on the Choice between “Cap and Trade” and “Credit and Trade” for an Emissions Trading Regime
Authors: Peeters Marjan , de Cendra de Larragán Javier , Weishaar Stefan
Published: April 2022

This article discusses from a legal point of view an alternative approach towards allocating tradable greenhouse gas emission rights. The present EU greenhouse gas emission allowance trading regime starts from a decentralised allocation of emission rights, based on rather vague criteria stipulated in an annex to the greenhouse gas emissions trading Directive, and with much discretion left to the Member States. This approach, where most of the allowances are given free of charge to industries, entails that different amount of allowances can be given to equal installations vested in different Member States, is vulnerable to lobbying activities, does not stimulate at full force new climate-friendly options, and moreover appears to be an administratively complex instrument. Because of the fact that the present method contains such disadvantages, there is a serious need for examining alternative options. Besides auctioning, which is thus far politically seen not attractive because of the negative effects on the global competitive position of industries, it is also interesting to examine the so-called “credit-and-trade” regime as being a possible future approach towards allocating greenhouse gas emission rights in Europe and probably on a wider scale too. This approach fits better into the polluter-pays principle, deals easily with new entrants and closures, and is a concept from which harmonisation within the EU could be realised. It also contains some regulatory complexities, as all allocation mechanisms do. However, the concept has strikingly been subject to little debate in the literature thus far, and the merits of it compared to the other methods of allocation should be closely examined too.
Revision of Environmental Guidelines
Authors: Andersen Birgitte
Published: April 2022

On 7 July 2005, the Commission launched its State Aid Action Plan – less and better targeted state aid: a roadmap for state aid reform 2005-2009. The State Aid Action Plan outlines a reform in order to meet the goals of the Lisbon agenda and the challenges of the enlargement which took place in 2004. Part of the State Aid Action Plan is the revision of the Environmental Guidelines which expired 31 December 2007. This article studies the history and the case-law of the current Environmental Guidelines. Moreover, the public consultation undertaken for the revision of these Guidelines is discussed.

In this regard different recommendations are proposed for the future Environmental Guidelines. First of all the scope of the future Environmental Guidelines should include a definition which will protect the environment as a whole and which do not only prevent the current protections which limits itself to the prevention of “black smoke coming out of an industrial factory”. A broad definition could be limited by a more efficient economic market approach in line with the State Aid Action Plan. The key question should be whether the market is distorted by the concerned aid granted. In order to follow a more economic market approach it suggested elaborating a general scheme, a so called block exemption. With a wider definition and a general block exemption the new Environmental Guidelines may redirect its attention from reducing pollution to actively give incentives for a more effective support to deliver environmental benefits to the market.