bluuebunny/crossref_metadata_2025_split huggingface dataset:
Revising the Waste Framework Directive Basic Deficiencies of European Waste Law and Proposals for Reform
Authors: Reese Moritz , Koch Hans-Joachim 
Published: July 2010

AbstractFor years, there has been criticism that there are substantial ambiguities in European waste law and that, in particular, crucial legal terms, such as waste, disposal and recovery, have not yet been defined sufficiently clearly. Such ambiguities hamper transposition into national law, complicate implementation by the national authorities and thus give rise to considerable economic and environmental problems in the waste management sector. Prompted by the Sixth Environmental Action Programme, the European Commission has finally initiated a revision of the general legal framework for European waste management. Amendments to the Waste Shipment Regulation have already been approved at a political level and are likely to be adopted this year. Revision of the basic terms, principles and provisions of the Waste Framework Directive (WFD), however, is still at a rather early stage. Against this background, we hope to show by the following that the ambiguities in EC waste law are not just a consequence of a lack of definitions but also the result of uncertainty surrounding basic regulatory and strategic issues which must be addressed first (Part I). We will therefore submit recommendations as to how these strategic questions should be answered in the light of both the environmental risks currently faced by the waste sector and the specific potential of waste-law approaches to reduce these risks (Part II). Finally, we will show how these strategic solutions could be converted into specific provisions and amendments to the WFD (Parts III and IV). The recommendations and suggestions presented below have been generated by a study conducted by the authors at the request of the German Ministry of the Environment1.
Directive 2001 /18/EC on the Deliberate Release into the Environment of GMOs: an Overview and the Main Provisions for Placing on the Market
Authors: Rey Garcia Paula 
Published: July 2010

AbstractPublic and political views on the regulation of genetically modified organisms (GMOs) and on the role of biotechnology continue to be extremely polarised in Europe. The EU started legislating on the authorisation and use of GMOs in the early 1990s. Despite the early regulation of this complex field, agricultural applications of biotechnology continue to be very controversial. In order to address public concerns and strengthen its regulatory framework, the EU reviewed its legislation on GMOs between 1997 and 2003. The cornerstone of the regulatory framework is Directive 2001/18/EC on the deliberate release into the environment of GMOS, whose provisions for placing on the market are the main focus of this article. The implementation of the Directive to date and the difficulties encountered will be briefly analysed.
A Strong Case for Transparency: Public Interest in Disclosure of Risk Data P revails over Business Secrets
Authors: Gebauer Jochen , Wollenteit Ulrich , John Michéle 
Published: July 2010

AbstractIn a dispute between Greenpeace Germany and Monsanto Europe concerning the confidentiality of its controversial rat feeding study the Higher Administrative Court of the federal State North Rhine-Westphalia (OVG Münster) refused to grant Monsanto an injunction to stop the German authorities from releasing the requested data to Greenpeace.' The decision has acknowledged the public's right to know and strengthened the principles of transparency and participation. On the grounds of a modern approach to risk policy and to genetically modified organisms (GMO), which the Court held to be enshrined in Article 25(4) of Directive 2001/18/EC, the Court has attributed the right to information priority over conflicting commercial interests. As far as risk data is concerned the Court stressed that European Law requires a maximum degree of transparency as an indispensable condition for the introduction of GM plants within Community territory. Furthermore, the decision recognised that in the field of genetic engineering law the right of companies to invoke operating or business secrets to justify exceptions to the right of access is narrowly circumscribed. Risk data, in general, will only be protected as 'confidential' on an exceptional basis. The party submitting the risk data has to prove that there is an imminent risk of specific and relevant harm to its commercial interests.
Convergence or Divergence of National I Legal I and Administrative Structures? Europeanisation Effects of the Environmental Impact Assessment in Germany and England (Part 1)
Authors: Winkler Daniela , Knill Christoph 
Published: July 2010

AbstractIn the past few years the effects of European integration on national legal and administrative structures have increasingly attracted the attention of legal and administrative analysts. One of the main topics of this branch of research based on the catchword 'European isation' is the question whether and to what extent these processes have led to the approximation of national legal and administrative structures in the course of time. However, we still lack comprehensive findings as to whether and under what conditions the effects of European integration lead to domestic administrative and legal changes. It this paper, we try to address this research gap. We analyse whether and to what extent the implementation of European policies leads to an approximation of legal and administrative structures in the Member States. This question will be thoroughly elaborated by using the example of the implementation of directives related to the Environmental Impact Assessment (EIA) and the Strategic Environmental Assessment (SEA) in Germany and England.
Road Planning in Europe - a Case Study (Part I)
Authors: Silbermann Eva L , Rubel Riidiger 
Published: July 2010

AbstractThe free movement of goods, persons and services — at once the base line and the guiding principle of our united Europe — would be unthinkable without an effective network of transport routes. The planning of a road is much more than simply a technical exercise. It incorporates political, economic, legal and ecological aspects and is increasingly influenced by European environmental legislation. As a result planning law is a highly complex subject in all the Member States of the European Union. For these reasons the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union has recently compiled a general report on national planning procedures in the EU. Particular emphasis was placed on the administrative and judicial process, the forms and evaluation of public involvement and the implementation of European environmental legislation such as the Habitats- and Birds-Directives' as well as the Directives on Ambient Air'. The report shows that the influence of Community law has led to a certain harmonisation in the decision-making process and increased the environmental awareness of the parties involved. Furthermore it provides an interesting insight in the different methods of acceleration and facilitation which have been tested by the Member States since the time-consuming nature of planning procedures is a major problem in all legal orders.
Milestones of Soil I Protection in EU Environmental Law
Authors: Heuser Irene L. 
Published: July 2010

AbstractThe current legal situation in the European Union does not provide a sufficiently effective framework to protect our soils against damages. The existing legislation covers some aspects of chemical and biological soil protection, e.g. in the sewage sludge directive, the Water Framework Directive, the IPPC Directive, the Habitats Directive as well as in waste management law, but it remains fragmented and focuses on safeguarding the soils as side effects. Furthermore, the requirements for the prevention of soil compaction, erosion, sealing and other physical threats of the soil are hardly considered by EU law. A turning point was marked by the 6th Environmental Action Programme with the intention to develop a specific EU strategy for soil protection (which is due to be published soon). According to reflections de lege ferenda (which could have a stimulating effect in this process), principles and instruments of EU soil protection law could be developed as elements of a targeted policy. The combination of regulative and non-regulative instruments, particularly consisting of those of planning, of direct and indirect behaviour control, of company organisation and of private law, could lead to a more effective protection of the soils. A closer look at these possible EU instruments might be interesting for the development of legal regimes of soil protection at the national and international level as well. These general considerations should be evaluated with regard to the EU competences and the principle of subsidiarity.
Protected Species in Conflict with Fisheries: The Interplay between European and National Regulation
Authors: Ring Irene , Variopuro Riku , Thum Randi , Simila Jukka 
Published: July 2010

AbstractSuccessful public conservation policies at various governmental levels have increased some populations of protected species to the extent that they are causing damage to human activities, like fisheries. As a reaction public authorities are developing biodiversity reconciliation policies. Finland and Germany have both created reconciliation policies for the conflicts between nature conservation and fisheries including a package of measures like management of population, support of technical measures and various types of compensation payments. All these measures are affected by European policy and law, though no special reconciliation policy has been adopted at European level. This article explores the options European regulation offers and the restrictions it imposes on Member States. Based on experiences with German and Finnish biodiversity reconciliation policies, the interrelationship between European and national regulation is elaborated, leading to suggestions for better coordination of reconciliation policies between different governmental levels.
Adaptation of Industrial Plants to Best Available Technology
Authors: Gerzsenyi Gabriella 
Published: July 2010

AbstractCouncil Directive 96/61/EC concerning integrated pollution prevention and control (IPPC) is an important EU framework regime for the control of polluting emissions from major industrial sources. The concept of BestAvailable Techniques (commonly known as BAT) is the core element of the Directive and permits issued for industrial installations need to take account thereof. Therefore, the proper implementation of the IPPC Directive vis-a-vis individual installations can be assessed, among others, on the basis of whether or not BAT applies. Whilst the concept of Best Available Technology (used by the predecessor of the IPPC Directive) is less stringent, the European Court of Justice has taken a strict approach regarding its application by Member States and the adaptation of existing installations to this concept.
The Sustainability Strategy of the European Union
Authors: Prall Ursula 
Published: July 2010

AbstractThe article focuses on the EU Sustainability Strategy of 2001, which was reviewed in 2005; and its elements and implementation concerning energy policy and climate protection. The examination of the general part of the EU Sustainability Strategy shows that it lacks both a mission statement and a clear conceptual approach, thus making it difficult to achieve a steering effect. Those parts of the strategy that deal with climate protection show a strong sense of urgency and a great commitment to the EU objective of reducing greenhouse gas emissions. But the - manifold! - measures taken are still too weak. More determination and more effort is necessary to change patterns of thought and behaviour, and it seems that this is a direct consequence of neglecting the necessity of defining a mission statement and a conceptual approach.
REACH: Substances in Articles- a Step in the right Di rection
Authors: de Avila Cristina , Blainey Mark , van der Zandt Peter 
Published: July 2010

AbstractRegulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) introduces a specific regime for the registration of Substances in Articles. This paper demonstrates how REACH fills a gap in the current legislation, without double regulation, reviews how the relevant elements of REACH were developed, concludes there is no trade issue with REACH, and looks in detail at the relevant elements of REACH's regulatory framework for substances in articles. It is clear that the REACH provisions are proportionate and non-discriminatory and concludes that REACH is a step in the right direction but does not cover all substances in articles and so ensure a very high standard of health and environment protection.
EC Law and Biodiversity
Authors: de Sadeleer Nicolas 
Published: July 2010

AbstractThe term biodiversity itself was not coined until the 198os, when it was popularised by the eminent Harvard biologist Wilson. Biodiversity entails at the macro level ecosystemic diversity (ecosystems and landscapes), specific diversity (the species of plants, animals and micro-organisms that surround us) and at the micro level it includes genetic diversity. Although less marked than on other continents, Europe's systemic diversity displays a number of particular characteristics. However, Europeans should seriously fear for the future of their wildlife. Indeed, many wild fauna and flora species today are passing through a period of major crisis. As most natural or semi-natural, continental and coastal ecosystems are now undergoing significant modifications as a result of human activity (fiagmentation, isolation, intensification, ... ), animal and plant species are suffering an unprecedented rate of extinction. To make matters worse, this negative trend is compounded by an array of additional threats (poaching, excessive hunting, disturbance inflicted by tourism, collision of birds with power-lines). Last, on a more global scale, global warming and the depletion of the ozone layer risk precipitating much more profound changes to the distribution, structure and functions of European ecosystems. Given that this issue has been identified as a pressing concern by the EC institutions, the aim of the present article is to highlight the different strategies, plans and programs as well as the main directives and regulations that were enacted with the aim of conserving biodiversity.
Transboundary chains for CCS : Allocation of rights and obl igations between the state parties within the climate regime
Authors: Haver Gustav , Bugge Hans Christian 
Published: July 2010

AbstractThis article will discuss how transboundary chains for carbon capture and storage (CCS) relates to the rights and obligations of states pursuant to the UN Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol (Kyoto). We will discuss questions related to chains of CCS where CO2 is captured at an installation in one country, transported, and injected and stored in geological formations on the continental shelf of another country.1 How does the climate regime apply to such a CO2 chain"?
What can be done to help the development of a U K CCS i ndustry?
Authors: Peters Emily 
Published: July 2010

AbstractThis article considers the regulatory regime for carbon capture and storage projects ("CCS projects") in the United Kingdom (UK). At present the lack of a stable, long-term regulatory and incentive policy framework for CCS projects acts as a barrier to investment. This is compounded by the cumbersome and fragmented approval process. This article explores the current regime and approval process, which requires developers to seek approval for seabed access, electricity generation, marine works and pipelines, coast protection works and onshore works. The article also explores the UK Government's proposed changes to the regulatory regime. The article considers the key elements of the proposed CCS regime contained in the Marine Bill White Paper, released in March 2007. The UK Department of Business, Enterprise and Regulatory Reform ("DBERR") has indicated that a new tailored CCS legislative regime will complement the existing regime. The White Paper includes options for modification of the existing legislation to make it better suited to CCS regulation, or alternatively CCS regulation via secondary legislation. The article concludes that UK Government's proposals for a new regime do complement the existing approval regime: however, there is still significant scope to amend existing legislation to further reduce the regulatory burden on CCS developers.
Activating Spatial I Planning Law: Options for the Reduction of Land Consumption
Authors: Gawron Thomas , Bovet Jana , Hofmann Ekkehard , Köck Wolfgang 
Published: July 2010

AbstractThe German Federal Environment Agency (Umweltbundesamt) commissioned the Department of Environmental and Planning Law of the Helmholtz Centre for Environmental Research - UFZ to analyse the capacity of spatial planning law to reduce land consumption, particularly inquiring into the specific shortcomings of the applicable provisions and making recommendations as to how the legal frame could be made more effective. This article summarises the results of the analysis and the recommendations for a more effective spatial planning law according to the reduction of land consumption.
The Revised EC Regulation on Shipments of Waste: an Overview
Authors: Dieckmann Martin 
Published: July 2010

AbstractAfter three years of negotiation between the institutions of the Community on 29 May 2006 the new Regulation (EC) No 1013/2006 on Shipments of Waste has been passed by the Council. The Regulation becomes valid and directly applicable in the Member States on 12 July 2007, thus substituting the first EC regulation on transfrontier shipment of waste (Regulation (EEC) No 259/93). This article attempts a first analysis of the re-enactment and briefly outlines the major amendments in relation to the current legal situation.
"Schutznormtheorie" and Aarhus Convention- Consequences for the German Law
Authors: Schwerdtfeger Angela 
Published: July 2010

AbstractThe Aarhus Convention raises new questions about the future of the German "Schutznormtheorie" limiting access to justice before the administrative courts. The text and history of Article 9 (2) Aarhus Convention and of Directive 2003/35/EC on public participation seem to recognise this German concept. However, a closer examination of the objective of wide access to justice and of the case law of the European Court of Justice reveals a clear need for changes with regard to the application of this concept by the German courts. In this context, the interrelation of limited rights of action with the depth of judicial control has to be regarded, as well. New German legislation does not satisfy the need for a reform.
A Nutrient Quota Trading Scheme to Reduce the Eutrophication of the Baltic Sea
Authors: Mehling Michael A. , Upston-Hooper Karl 
Published: July 2010

AbstractEnvironmental policy is currently experiencing a general transition towards greater inclusion of flexible, market-based instruments. While one of the most salient manifestations of this trend, the creation of markets for tradable emissions quota, has been widely applied in the areas of air pollution and greenhouse gas regulation, it has yet to be introduced as a policy instrument for the management of watercourses. A great diversity of abatement costs for pollution of the Baltic Sea through nutrients that result in eutrophication suggests the introduction of a system of tradable quota as an attractive management tool. The following article provides a brief introduction to the challenge of nutrient accumulation in the Baltic Sea, and shows that the legislative framework currently governing its pollution does not categorically preclude the introduction of a nutrient trading scheme. A number of design issues would require clarification prior to the introduction of such a scheme, including the definition of the tradable commodity, the scope of participation, the initial allocation of quota, and monitoring and enforcement provisions. While the article concludes by affirming the fundamental viability of a nutrient trading scheme in the Baltic Sea Area, it identifies challenges in accommodating the trading scheme alongside existing emission limit values, state aid concerns, and the inclusion of states that are not Members of the European Union.
Revision of the New Zealand Helicopsyche (Trichoptera: Helicopsychidae)
Authors: Johanson Kjell Arne 
Published: July 2010

AbstractThe New Zealand Helicopsyche are revised. The female of Helicopsyche zealandica Hudson, 1904, H. poutini McFarlane, 1964, H. albescens Tillyard, 1924 and H. howesi Tillyard, 1924 are described. Three new species, Helicopsyche cuvieri sp. n., H. haurapango sp. n. and H. torino sp. n. are described. Keys to the males and known females are given.
Oldest known pteroplistine cricket and other Gryllidae (Orthoptera) from the Paleogene Fur and Ølst Formations of Denmark
Authors: Rust Jes 
Published: July 2010

AbstractThe present paper reports on a study of 16 fossil specimens of Gryllidae from the Paleogene marine sediments of the Fur and Ølst Formations (Paleocene/Eocene) of Denmark. The oldest known Pteroplistinae, Pteroplistus danicus sp. n., is described on the basis of 2 isolated male forewings. Additional material consists of isolated male and female forewings, several almost complete female specimens, and large body fragments. The systematic position of these specimens, however, is unclear, because diagnostic characters are not preserved. Possible synapomorphic characters of the wing venation shared by P danicus sp. n., the second known fossil species of Pteroplistinae Eneopterotrypus chopardi Zeuner from the Eocene, and extant Pteroplistinae are proposed. Most of the fossil crickets derive from the Paleocene Ølst Formation. Pteroplistinae are poor flyers, thus their presence suggests near shore conditions of the former marine environment, which is confirmed by analysis of the fish fauna and other insect groups. The present geographical restriction of the Pteroplistinae to India, Vietnam, and Malaysia is presumably a consequence of climatic changes during the Cenozoic.
Thirteen new Panorpidae (Mecoptera) from northern Burma
Authors: Byers George W. 
Published: July 2010

AbstractThirteen new species of Panorpidae are described from the collection by Dr René Malaise in the Naturhistoriska Riksmuseet, Stockholm. These are Neopanorpa malaisei, N. clavata, N. echinodes, N. fimbriata, N. pennyi, N. obscura and N. abdita (all in the malaisei species group), N. vittata, N. terminata, N. liguifascia, N. breviramus, N. similis, and Panorpa malaisei. Taxonomically useful details are illustrated, and a key is provided.
Cladistics of the tribe Ectatommini (Hymenoptera: Formicidae): A reappraisal
Authors: Keller Roberto A. 
Published: July 2010

AbstractThe cladistic analysis of ectatommine ants by Lattke ( 1994) is reanalyzed and discussed. It is argued that Lattke's sample of taxa (in particular his choice of outgroups) is problematic because of the acceptance of unreliable previous analyses of ant subfamilial relationships. Additionally, Lattke's proposed reclassification is inconsistent cladistically. A revised matrix is presented with the addition of three outgroups and twelve characters ( 19 taxa and 41 characters in total). This matrix yields a single most parsimonious cladogram (L=116; CI=46; RI=61) with Ponerinae paraphyletic with respect to the other poneroid exemplars included (Apomyrma, Cerapachys and Cheliomyrmex). This result illustrates the need for a full taxonomic revision of the poneroid group.