bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Impact of the EU Air Quality Standards on the Planning and Authorisation of Large Scale Infrastructure Projects in the Netherlands
Authors: Koeman Niels , Fleurke Floor 
Published: July 2010

AbstractThe implementation of the first Daughter Directive on Air Quality had a considerable effect on decision-making concerning large scale infrastructure projects. It was the Dutch administrative court that enforced the air quality standards in the Netherlands by ruling that the limit values are absolute standards to be applied at all levels of decision-making. Faced with the consequences of this interpretation the Dutch government tried to soften the economic and social effects of the court's policy. This analysis of the debate that followed illustrates the two opposing approaches. The first approach is to interpret EC air quality standards literally, meaning that the limit values have to be applied by all competent authorities. Those supporting the second approach argue that the limit values must be attained, in the first place, by national measures dealing with the sources of pollution, making use of technical solutions. The Dutch government has shifted slightly from the first to the second approach, as is clear from the Air Quality Order of 2005. However, it remains doubtful whether this will be sufficient to lift the current deadlock on infrastructure projects and attain the environmental limit values.
Planning and Approval of Large Scale Infrastructure Projects in Germany
Authors: Schütte Peter 
Published: July 2010

AbstractThe planning and approval of large-scale infrastructure projects in Germany follows - in general - the rules and regulations of a planning approval procedure according to the administrative procedure laws and the respective specialised planning law. The planning approval decision is a discretionary decision of the relevant competent authority. It integrates all necessary permits with respect to the project applied for. Therefore, the planning procedure is highly complex and sometimes extremely time-consuming. In exchange, the planning approval decision offers a high degree of legal certainty generally including the right of expropriation.
The Water Service in Italy
Authors: Cimini Salvatore 
Published: July 2010

AbstractThis paper describes and analyses how the organisation and management of water services in Italy has changed since the reforms introduced by Law No. 36/1994 (the so-called Galli Law). These reforms recognised that the most important public objective for the Italian water services is to achieve an efficient, effective and economic management system. To reach such result, the Galli Law reunified all the different water services, such as aqueducts, purification systems and sewers in a single integrated water service based on optimum territorial domains intended to overcome the fragmentation inherent in the existing management systems. Furthermore, it made a clear distinction between the role of guiding and monitoring activities (entrusted to a domain authority) and the effective management (to be entrusted, instead, to public, private or mixed public-private companies). However, as will be noted in this paper, due to the many tensions between the national and EU rules, the transfer of the integrated water services provision to managing companies still has not been completed. Mostly for this reason, a decade after the Galli Law came into force, the reform still remains to be completed.
Waste Management Law in Greece: Characteristics, Challenges and Shortcomings
Authors: Haidarlis Marios , Sifakis Antonios 
Published: July 2010

AbstractWaste management law in Greece is characterized by an effort to adapt to the requirements of European Community waste management law. Late transpositions, cumbersome administrative procedures, a focus on technical standards and a policy based primarily on controlled disposal have dominated Greek waste management law until its most recent third modification which simplified and clarified procedures considerably. The legal framework in relation to recovery of packaging and packaging waste and "other waste products" was recently put in operation and shows some positive results. A major legislative effort is still required to update Greek waste management law at the proper legislative level.
Waste Management in the Czech Republic
Authors: Valentova Eva 
Published: July 2010

AbstractMajor changes have taken place in the Czech waste management system based on national waste treatment legislation adopted in 2001. This legislation revised the interpretation of essential terms, including "waste", so as to reflect new developments in the field of EU waste management. It also adopted new strategies in the area of waste classification and waste management; as a fundamental principle, waste recovery is now given priority over waste disposal. Waste management plans have become a critical component of the Czech waste management system. The powers and responsibilities of municipal councils and State authorities have also been re-organised.
Bans on the Use of Genetically Modified Organisms (GMOs) - the Case of Upper Austria
Authors: Palme Christoph 
Published: July 2010

AbstractOn 5 October 2005 the Court of First Instance' ruled on the admissibility of the so called 'Upper Austrian Law banning genetic engineering' It was the the first decision of an EU-Court to deal with the issue of co-existence between the cultivation of GMO and GMO free plants, the establishment of GMO-free areas and securing biodiversity.2 There is a fierce battle going on between some EU Member States reluctant to use GMOs and the European Commission,3 which is responsible for ensuring the proper implementation of the Community acquis relating to GMOs. As the trade partners of the EU are pointing to their obligations under international trade law,4 the judgment tackles also a controversial issue of international trade law. The Court upheld the contested decision of the Commission which had rejected the notified Austrian rules.5 Apart from considerations on the GMO issue the ruling is also important as it sets out clear limits concerning the derogation from EU harmonisation measures generally. Both the Commission and the Court found that the conditions for derogation under Article 95(5) EC Treaty were not fulfilled. Even though the Commission and the Court under the current state of Community law6 did not have any other option than to reject the Upper Austrian draft Law, the reasoning behind this finding was in many respects not very convincing.
The Impact of Changes in Planning Legislation on Investment Processes in Poland: Selected Issues
Authors: Wieczorkiewicz Piotr , Czechowski Pawel 
Published: July 2010

AbstractIn 2003, major amendments were introduced to the Polish legal system concerning planning, spatial development, construction and other related issues, including a completely new Act on planning. Two years following the amendments this article is aimed at outlining the current spatial development legal framework, nature and general direction of changes as well as selected practical effects of the changes on the planning, both beneficial and adverse. In particular, the article deals with the impact which current Polish planning and related laws have on investments, both private and public.
Renewable Energy Sources in European Law: an Overview
Authors: Oschmann Volker 
Published: July 2010

AbstractThis article gives an overview of the European legal framework on renewable energy sources, that is those European legal provisions whose objective is to increase the exploitation of renewable energy sources in the production of electricity, heating and cooling, as well as fuel for transport. Although renewable energy sources are not an explicit matter for primary European law, it is clear, particularly given climate change and increasing dependency on energy imports, that they are gaining increasing importance in secondary European law and at Member State level.
The Production of Electricity from Renewable Energy Sources as a Public Service Obligation
Authors: Rusche Tim Maxian 
Published: July 2010

AbstractThe article analyses whether electricity production from renewable energy sources can be the object of a public service obligation. This question is of particular importance for the State aid assessment of payments to producers of electricity from renewable energy sources. Such payments typically occur under so-called feed-in tariffs, which are a regulatory mechanism used in most Member States to promote the production of electricity from renewable energy sources. The author argues that there are compelling reasons for considering that Member States can introduce public service obligations with respect to the production of electricity from renewable energy sources, and that compensation payments granted are exempted from the notification obligation under Article 88(3) EC treaty, if the beneficiary undertaking receives not more then 30 million EUR per year as compensation, and if its turnover does not exceed 100 million EUR. Should these thresholds be exceeded, the compensation payments need to be notified to the Commission. The Commission will then assess them under the Community framework for public service compensations, which has been adopted in November 2005.
World Trade Law and Renewable Energy: : the Case of Non-tariff Measures
Authors: Howse Robert 
Published: July 2010

AbstractOver the last two decades, trade and environment issues have typically been a source of intense controversy and conflict in the world trading system. Renewable energy, however, represents an area where we believe that freer less-distorted trade and environmental protection have the potential to be mutually reinforcing. Historically, electrical energy itself has not been traded across borders, with some exceptions (Canada and the US and in the EU). However, with the de-monopolisation of electricity in an increasing number of jurisdictions, and the unbundling of functions such as generation, grid operation, transmission, and retailing as well as the development of financial instruments such as futures and options contracts for energy, the structure of the entire market is starting to change, complicating the analysis under WTO law. This article aims to raise questions and suggest areas where domestic and international policymakers may need to consider undertaking further analysis.
Exemptions from Statutory Water Management Objectives: Requirements, Spheres of Responsibility, Unresolved Implementation Issues
Authors: Ginzky Harald 
Published: July 2010

AbstractPursuant to Sec. 25a-d, 36, and 36b of the Federal Water Act (Wasserhaushaltsgesetz) all water management objectives and the consequent implementation measures are to be elaborated by 31 December 2009. The characterisation that was realised in 2005 showed that many problems have yet to be resolved, and that they can only be resolved at great expense. In view of this fact, it would be desirable to allow exemptions from specific water management objectives in special cases. The criteria such exemptions must meet are set forth in Sec. 25c-d of the Federal Water Act. The present report argues that these criteria should be interpreted in such a way as to ensure that exemptions are allowed in exceptional cases only, and in a manner that is consistent with the provisions of the Water Framework Directive.
The Transfer Rule in the German Emissions Trading System
Authors: Ehrmann Markus , Greinacher Dominik 
Published: July 2010

AbstractThe Allocation Act of the German Emissions Trading System offers an interesting 'transfer rule' which is unique in European Emissions Trading System: A plant operator may transfer the allocated emission allowances of a decommissioned facility to a new installation, if this installation replaces the old facility. Former Federal Environmental Minister Jürgen Trittin stressed, that this rule provides a major incentive for the renewal of the German power plant fleet by the erection of highly efficient new facilities. These modernisation efforts could make a major contribution to climate protection efforts. It can thus be expected, that a similar rule will also be implemented in the recently discussed Allocation Act for the next allocation period 2008-2012. It is thus worth exploring the details for the application of this rule.
Directive 2006/32/EC on Energy End-Use Efficiency and Energy Services: Realising the Transition to Sustai nable Energy Markets?
Authors: De Geeter Anne , Boute Anatole 
Published: July 2010

AbstractThe promotion of energy end-use efficiency is central in the European policy on climate change, security of supply and completion of the internal energy market. Accordingly, Directive 2006/32/EC aims at removing the barriers that prevent the efficient use of energy and creating a market for energy services. In this respect, it promotes energy efficiency mechanisms such as financing and informative instruments, public procurement requirements and voluntary agreements. This article argues that by creating a market for energy services, Directive 2006/32/EC adopts a free market environmentalism' approach, but fails to establish the conditions required to ensure the viability of such market. Nevertheless, the mechanisms it proposes are likely to contribute positively towards sustainable energy markets.
The New Instruments to Achieve Sustainable Territorial Development in the EU
Authors: Parejo Navajas Teresa 
Published: July 2010

AbstractDespite the EU's lack of competence on spatial planning, mainly due to the Member States' reluctance to give up some of their sovereignty in this area given the strategic nature of territory, a pan-European approach providing solutions to all its problems has become urgent and necessary. Moreover, the accession of 10 new Member States has entailed an enlargement of the EU territory, requiring a deeper analysis of the new situation which has led to the emergence of 'sustainable territorial development' as the common element between the multilevel relationships set by the European Governance White Book of the European Commission and the provisions of the ESDP. In fact, with the preparation of this and other European soft law documents, the EU has found an effective type of instrument to deal with the territorial problems without requiring any competences in the area of spatial planning for its actions. In this way, a clearer means of achieving the emerging objective of sustainable territorial development has been developed.
The proposed Amendments to the German Biotechnology Law: Progress or Setback for Biotechnology in Germany?
Authors: Burchardi Jan-Erik 
Published: July 2010

AbstractOn 8 August 2007 the German federal government has approved a draft legislative package introducing changes to the biotechnology laws and regulations. This is already the second time the current government has amended the rules and procedures regarding genetically modified organisms (GMOs). The new draft is aimed at fulfilling the government coalition agreement to advance research and application of biotechnology in Germany. This article will provide an overview of the proposed amendments and briefly analyse to what extend the aim of advancing biotechnology has been achieved. The author argues that the draft introduces a number of amendments with the potential of advancing biotechnology research and of appeasing the farming community on the issue of cultivation of GMOs. However, a number of fundamental policy choices regarding biotechnology have been left unaltered. The author therefore concludes that this draft does not lead to a paradigmatic change regarding biotechnology policy in Germany.
Taming the Precautionary Principle in EC Law: Lessons from Waste and GMO Regulation
Authors: Cheyne Ilona 
Published: July 2010

AbstractThe precautionary principle is a cornerstone of the EC's environmental policy and one of the guiding principles in the Waste Directive and GMO legislation. However, there appears to be a shift away from the use of the principle in these policy areas and a re-evaluation of the relationship between it and the commercial activity that it helps to regulate.
Habitats Directive and Environmental Assessment of Plans and Projects
Authors: Ureta Agustin Garcia 
Published: July 2010

AbstractThe article analyses the mechanism for the assessment of the effects of plans and projects on special protection and conservation areas, as required by the Habitats Directive. It examines the case-law of the European Court of Justice concerning the criteria that require the carrying out of the assessment. It also examines the generous and in certain cases open-ended exceptions that may be invoked by the Member States in order to execute a plan or project despite its negative effects on the areas concerned, and the different opinions delivered by the European Commission when considering whether those exceptions have been correctly adopted by the Member States in the case of sites containing priority habitats or species.
Nature Conservation and Landscape Protection Including the Natura 2000 Network in the Czech Legal System
Authors: Stejskal Vojtêch 
Published: July 2010

AbstractThe Czech Republic has been a party to most of the important multilateral international nature conservation and biodiversity protection agreements. In 1992 there was adopted the Act No. 114/1992 Coll., on nature conservation and landscape protection. This Act is the basic Act in the area of nature and biodiversity protection and management in the Czech Republic. The Act and the providing legislation are only partially compatible with the EC secondary law, namely Habitats and Birds Directives. But the most problematic issue is an enforcement of nature protection law in practice.
A Flawed Prospectus?
Authors: Watchman Paul Q. , Delfino Angela , Davis Andrew N. 
Published: July 2010

AbstractThe purpose of this article is to assess the adequacy of disclosure requirements for environmental information. Beginning with listing rules and market disclosures, it then analyses disclosure from the viewpoint of accountancy standards, corporate governance and requirements for pension fund trustees, and finally, voluntary standards of disclosure and de facto or ad hoc disclosures occurring in different sectors of industry. It is argued that it is beyond doubt that environmental information is an important source of financial information. As such, it should be disclosed in a uniform manner and on a regular basis because of its potential impact on investment decision-making, company value and the viability and profitability of businesses. It follows that there should be an end to the uncertainty concerning the question of the "materiality" of environmental information, its disclosure and an acceptance of the need to disclose it. The failure to require specific disclosure of environmental information, and the general failure by corporations to accept the materiality of environmental information in light of other legislative developments in the field of investor protection, is viewed as a major weakness. Providing such important information to investors ought to be an obligation on listed companies. To overcome this significant weakness, specific and if possible, uniform disclosure rules for environmental information must be adopted generally.
Strengthening Environmental Protection through European Criminal Law
Authors: Zeitler Helge Elisabeth 
Published: July 2010

AbstractEnvironmental crime has been a topic discussed in international fora for many years. In February 2007, the European Commission presented a proposal for a Directive on Environmental Crime. This is not the first legislative instrument in the area at the level of the European Union. But for reasons that go far beyond the environmental content of this proposal, its discussion in the Council, which was taken up in March 2007 under the German Presidency, will be most controversial and of particular interest not only to environmental lawyers.' The following article aims at providing some background on the fight against environmental crime at the international and European level by giving an overview over the content of the draft directive (I) with a focus on particularly controversial aspects (II) and finally looking at the institutional setting in which discussion of the proposal will take place in the Council and in the European Parliament (III).
Deploying Carbon Capture and Storage in Europe and the United States: A Comparative Analysis
Authors: Gibbons Andrew J. , Wilson Elizabeth JI. 
Published: July 2010

AbstractCarbon capture and storage could play an important role as a near-term bridging technology, enabling deep reductions from greenhouse gas emissions while still allowing use of inexpensive fossil fuels. However, filling this technological promise requires resolution of key regulatory and legal uncertainties surrounding both human and ecological health, integration within a larger climate policy, and clear assignment of responsibility and liability for long-term care. Deployment of CCS projects in the European Union (E.U.) and the United States (U.S.) may be technologically similar, but will be contextually different. In this paper, we explore the existing energy, policy, regulatory and legal climates that will necessitate different approaches for deployment. The high U.S. dependence on coal makes CCS very important if the U.S. is to achieve deep emissions reductions, while in the E.U. an established climate policy, the importance of off shore projects, and a supportive political climate are favorable to CCS deployment. Additionally, in Europe, regulators must clarify the classification of CO2 within E.U. and international regulations governing on and offshore projects, whereas in the U.S. subsurface property rights, abandoned wells, and state-level jurisdictional difference will play important roles.
Geosequestration in Australia: Existing and Proposed Regulatory Mechanisms
Authors: Fahey James , Lyster Rosemary 
Published: July 2010

AbstractGeosequestration1 involves the capture (from power stations and other facilities) and storage of carbon dioxide for very long periods of time in underground geological formations. This article is concerned with key legal and regulatory issues associated with establishing and operating geosequestration projects in Australia. It highlights the recent increased interest in, and raised profile of, using geosequestration as a greenhouse gas abatement measure in Australia. It reviews the cooperative efforts of the States, Territories and the Commonwealth to develop a nationally consistent regulatory framework for geosequestration projects, using existing petroleum legislation. These efforts have been driven by a lack of existing Australian legislation that provides an adequate and discrete regime dealing with the issues of responsibility and liability for geosequestered gas, although the release of draft legislation in this area is now imminent. It assesses some State legislative attempts to allow for the underground storage of carbon dioxide, and argues that these fail to satisfactorily deal with the long term (indefinite) nature of the storage aspect of geosequestration projects. Finally, this article examines the States' and Commonwealth's powers to legislate in respect of the injection and storage of carbon dioxide.