Transcript other substantive EU env law 11 Nov 2005

Other substantive EU env law:
• air
–Product related standards
• promotion of fuel efficiency for
vehicles (publicise/inform miles/gallon
or liters/100 km), directive 1999/94
• MS to monitor CO2 emissions in new
cars Decision 1753/2000
• aim for limits for cars (186 g/km in
1995); through voluntary agreements
(140 g/km in 2010) through voluntary
agreements, inform public/label, fiscal
measures (another 20 g/km reduction):
aim 120 g/km CO2
• Proposed car taxes based on
emissions
• Fuel quality
–Previously only emission limits for
large combustion plants, quality
standards for particular pollutants
(SO2, NOx, particulates, ozone etc)
EU air
– V little enforcement by
Commission since
measurement methods,
frequency left to MS
– V few cases at ECJ
– No direct effect provisions in
directives
– MS variation great; overall
improvement in air quality due
to push by international
conventions
EU Air
• improvements driven more
by international obligations
• Long range pollution convention
• Convention on Ozone layer
protection
• Convention on POPs
• Climate change convention
• Now more integrated:
– National emissions ceilings for
certain pollutants
– 1996 framework ambient air
quality levels directive
– integrated pollution control
– proposal COM (2005) 447
EU noise
– Total harmonisation of noise
emissions for certain products
– Noise certification for products
– Airplane noise restrictions
P 275-282 Kr
– Directive 2002/49 on assessment
and management of noise:
• Draw up plans
• Inform citizens
(freeway noise reg through better
surfacing/tire specs, fewer traffic
lights etc)
EU dangerous chemicals
– Harmonisation of marketing,
use, classification, packaging,
labelling, pesticides, fertilisers
– Biodegradability of detergents
– Rules for export and import
international
– Strategy for endocrine
disrupters, PCBs, dioxins,
mercury, pesticides, fertiliser
use
– Restrictions in use of
persistent organic pollutants
(POPs) - international
EU dangerous chemicals
Typical cases:
• MS ability to have more
protective measures
P 225-232 Kr
• Placing GMO’s on the market
P 233-242 Kr
• Products authorised in other
MSs must be freely marketable in
other MSs + more protective
neasures
P 243-251 Kr
• nature and biodiversity
– Driven by international obligations
• Convention on biodiversity
• Dolphin conservation
• Berne Convention on wildlife and
natural habitats
• Migratory species Convention
• CITES
– Problematic to regulate at this level
when not transboundary
– Habitat protection and economic
development
P 314-320 Kr
• Climate change
– Driven by international obligations
• Stabilise GHG emissions at 1990
levels by 2008-2012 Kyoto
Protocol
• GHG emissions trading directive
(CO2) directive 2003/87
• Air regulations: fuel economy of
vehicles, national emission caps
• Soil protection
– organic farming, erosion prevention
by terracing, safer pesticide use,
use of certified compost, forestry,
afforestation
– Soil protected by IPPC directive
EU Sustainable development strategy COM
(2001) 264
– ‘to meet the needs of the present without
compromising the ability of future
generations to meet their own needs’
– Requires integration of economic, social and
environmental objectives
– GHG emissions/climate change
– threats to public health: antibiotic-resistant
strains of some diseases, longer-term
effects of hazardous chemicals
– Poverty
– ageing population, health care costs
– loss of bio-diversity: fish stocks near
collapse; waste volumes; soil loss and
declining fertility
– Transport/traffic