News
Date: 14th February 2013
- elni Conference 2013 - 23-24 May 2013, Wroclaw
EU Environmental Impact Assessment Directive
Challenges and perspectives in the light of the past experiences and the recent proposal for amendment
The aim of the elni conference 2013 is to examine the proposed changes of the EIA Directive in the light of the hitherto practical experience (Member States experience, jurisprudence of EU courts and international bodies) and views expressed in the literature. The purpose is to identify the possible challenges with a view to influence the further legislative process.
Target audience are practitioners and academics dealing with EIA.
More information on the conference...
Date: 8th November 2012
- Articles of the elni Review 2/2012
Water is a precondition for human, animal and plant life as well as an indispensable resource for the economy. Thus, according to the European Commission the protection of water resources, of fresh and salt water ecosystems and of the water we drink and bathe in is therefore one of the cornerstones of environmental protection in Europe. Against this background the present issue of elni Review focuses on the legal framework for (the protection of) water in Europe and explains, among other things, how far it can cope with possible threats from emerging technologies and to what extent some of the legislation has been implemented in specific member States of the EU. Moreover, insights are provided into some new political or scientific initiatives to further develop the legal framework for protecting water.
First off, in their article "Nanomaterials as priority substances under the WFD" Catherine Ganzleben and Steffen Foss Hansen examine whether Directive 2000/60/EC (‘Water Framework Directive’), which aims to reduce and minimise the concentrations of dangerous chemicals in European waters, and related legal requirements include the right instruments to capture nanomaterials. They also consider whether techniques are available to allow for monitoring nanomaterials in surface waters and review data from modelling exercises that estimate concentrations of nanomaterials in EU waters.
Subsequently, Ana Barreira provides an overview of the main elements of the Union’s Marine Strategy Framework Directive (MSFD) and analyses how Spain, as an EU country with 8000 km of coastal fringe, is complying with the directive and will review its marine governance framework.
The third article is by Thomas Ormond and takes another perspective, evaluating how far international and European legal instruments for the regulation of ship dismantling (potentially) ensure the safe and environmentally sound recycling of European ships in regions like South Asia.
Sarolta Tripolszky explains the concept of the term ‘water services’ in her contribution and outlines the economic and legal consequences of a narrow and broad definition. In this context and with specific reference to a collective complaint started by the NGOs EEB and WWF in 2006 against 11 EU member states to enforce the correct implementation of the WFD, she also describes the development of this legal instrument.
The final article with a focus on water is by Marga Robesin and describes current discussions on the question of how to achieve substantial water footprint reduction, focusing in particular on certification and labelling.
A second series of contributions to this issue of the elni Review covers a variety of other up-to-date legal issues, including the advancement and legal implementation of the concept of ‘sustainable development’.
To this end, Eckard Rehbinder, who attended the United Nations Conference on Sustainable Development (Rio+20) in Rio de Janeiro in June 2012, shares some critical comments on the summit outcome.
The following contribution by Peter de Smedt, Hendrik Schoukens and Tania Van Laer examines the anchoring of sustainable development in the Belgian Constitution, discusses the concept’s juridical enforceability and subsequently analyses the consequences of this qualification for the application in the jurisprudence.
In a further article Julian Schenten and Martin Führ present empirical data obtained by several survey methods focusing on companies which manufacture and/or use nanomaterials. They analyse the findings under the perspective of the degree to which REACH (Regulation EC 1907/2006) promotes innovations for sustainability in the field of nanomaterials.
In June 2012 the EU General Court adopted long awaited decisions in two cases in which it interprets for the first time Regulation 1367/2006 (‘Aarhus Regulation’) – Anaïs Berthier examines what real added value these two decisions have with regards to access to justice.
Finally, in a statement by Almut Gaude from BUND, the German branch of Friends of the Earth (FoE), the NGO expresses its perspective on the Rio+20 conference outcome.
- Call for contributions for the elni Review issue 1/2013: Contributions for the next issue of the elni Review are very welcome and may be sent to the editors by mid-February 2013.
Date: 7th November 2012
- International Conference: "20 years of Habitats Directive: European Wildlife’s Best Hope?"
The international conference which is co-organised by a broad variety of organisations (such as SERES, BDM, CMR, CEDRE, VVOR, Argus and more supporting organisations, such as elni) will take place in Antwerp (Belgium) on 12-13 December 2012.
The Habitats Directive forms the cornerstone of Europe’s nature conservation policy. It is built around two pillars: the Natura 2000 network of protected sites and the strict system of species protection. More than 18% of the surface of the EU is a part of the Natura 2000 network whereas over hundreds of animal and plant species are protected by the provisions of article 12 and 16 of the Habitats Directive. Yet, at its 20th Birthday, there seems little to no reason to cheer. At present only 17% of the protected habitats and species are in a favourable conservation status. According to IUCN Red List, 10 to 60 % of animal species, depending on the monitored groups, are threatened in Europe. This conference aims at assessing the strengths and weaknesses of the Habitats Directive in the light of the European ‘no net loss’ approach. In this respect focus will not only rest on the existing threats to biodiversity (e.g. nitrogen deposit) but also on new challenges, such as climate change and invasive alien species. Is the Habitats Directive robust enough to tackle these new and existing threats or do we need other or better legal instruments?
Although the conference will mainly be dedicated to legal issues, it will not lose sight of the broader, more multidiscplinary ecological context.
Please note: There are special conference fees for elni Members
More information on the conference...
Date: 30th May 2012
- Articles of the elni Review 1/2012
This issue of elni Review deals with the interdependence between European law and environmental law in non-European countries. On the one hand environmental law developments in a number of countries are initiated by adaptation processes as they seek to implement the European model into their national context. But there are also on the other hand further driving forces like investment policies.
In her article “European investment projects in the third countries: LEGALLY GREEN?” Daria Ratsiborinskaya analyses how European environmental standards are applied outside of Europe in the case of foreign direct investments.
“Market-based Mechanisms as Climate Policies: Insights for Brazil” is the title of Natascha Trennepohl’s contribution, which highlights the basic elements of a trading scheme by focussing on the model of the European Union Emissions Trading Scheme and the development of the carbon market in Brazil.
The adoption of the European acquis in Croatia is discussed by Lana Ofak in her article “Public participation in decisions on specific activities in environmental matters in Croatia”. The article provides a general overview of the legal framework for public participation in decisions on specific activities in Croatia and highlights specific problems in exercising the right to participate in environmental impact assessment procedures.
Brahim Zyani gives a valuable overview of the current environmental law situation in Morocco by tracing the developments in recent decades in his article “Nouveautés constitutionnelles, juridiques et de politique générale relatives au Droit de l'Environnement et du Développement Durable dans le Royaume du Maroc”. Since the article is written in French a summary is provided in English.
Additionally, the current issue of elni Review makes available new information about recent developments, e.g. the revision of the Brazilian Forest Code, which has received critical press in recent media; and the environmental regulatory developments after the ’Arab Spring’ in Tunisia. The relevant article is also written in French and briefly summarized in English.
- Call for contributions for the elni Review issue 2/2012:The next issue of elni Review will focus on water. Please send contributions on this topic as well as other interesting articles to the editors by mid-September 2012. We are looking forward to hearing from you!
Date: 18th November 2011
- Articles of the elni Review 2/2011
The current issue of elni Review covers a variety of topics on international environmental law, including standardisation of environmental NGOs, conservation law and two country specific contributions from Brazil regarding access to environmental information and biotechnological inventions.
Special focus in this issue is placed on two different topics: Firstly on intellectual property rights on genetic resources. The second subject is devoted to access to environmental information and access to justice within the framework of the Aarhus Convention.First of all, Christoph Then and Ruth Tippe examine the impact of biopatents on animal and plant breeding in their article “Patents on melon, broccoli and ham?”. After shedding light on current German and European patent legislation they discuss the consequences of patents on conventional breeding regarding genetic resources and food production. The second article “Biopatents in Brazil” by Edson Paula de Souza provides insights into current legislation on biotechnological inventions in Brazil. He explores the impact of limitation on patent protection for R&D. Susette Biber-Klemm and Michelangelo Temmerman then provide us with an overview of Rights to Animal Genetic Resources by comparing the different legal frameworks for plant and animal breeding/genetic resources on national and international levels. The two subsequent articles address different aspects of the Aarhus Convention: Sandra Aline Nascimento da Nóbrega gives an overview of access to environmental information in Brazil (access to environmental information is one of the three pillars of the Aarhus Convention). She compares the Aarhus Convention with Brazilian legislation and discusses which regulations have been implemented in Brazilian law. In her contribution Eva Julia Lohse asks whether there is unrestricted access to justice for environmental NGOs. She examines the judgement of the European Court of Justice (Case C-115/09) on the nonconformity of the German Environment Appeals Act with Directive 2003/35 and the Aarhus Convention. Ralf Lottes’s article analyses what civil society can expect from the Commission’s proposal for a legislative review of the European standardisation policy. He concentrates on the standardisation of NGOs through the review of the EU framework for standardisation regarding environmental NGO participation on a national level. Hendrik Schoukens’ contribution on temporary nature and conservation law examines the adaptability of European nature conservation law for temporary nature, focusing on the situation in Belgium. Finally, we cover recent developments in environmental law with three different contributions concentrating on intellectual property rights in terms of genetic resources. The article by Lisa Minkmar provides insights from a biopatent case: the “Teff-Patent” (EP 1646287). Subsequently, Claudia Fricke reviews the current debate on the revision of Directive 98/44/EC on the legal protection of biotechnological inventions. Lastly, Graham Dutfield comments on the United Nations Special Rapporteur on the Right to Food and the interplay between traditional knowledge, intellectual property rights and the right to food. - Call for contributions for the elni Review issue 1/2012:
Contributions to the next Review are very welcome. Please send contributions to the editors by February 2012. We are looking forward to hearing from you.
Date: 11th of October 2011
- elni Annual General Meeting on 7 November 2011 in Brussels:
The Annual General Meeting of the Environmental Law Network International will take place on Monday, 7 November 2011, 5:00 p.m. at the Facultés universitaires Saint-Louis, Boulevard du Jardin botanique 43, 1000 Brussels.
Besides, the presentation of the annual account and the annual report and election of the new board we want to discuss elni activities in the year 2012. There will also be time to exchange about recent environmental law developments and developments relating to the members' institutions (Draft Agenda).
Please confirm your participation by sending an email to below@sofia-darmstadt.de or writing to the following address: Mr Nicola Below, Society for Institutional Analysis (sofia), University of Applied Sciences in Darmstadt, Haardtring 100, 64295 Darmstadt, Germany.
Date: 13th of July 2011
- Upcoming events
The Hamburg International Environmental Law Conference on 15.09.-16.09.2011 will assemble lawyers and decision makers from governments, law firms, public administration, universities and NGOs. The conference will provide a high level forum for international dialogue on the strengthening and further development of environmental law.
Another international conference "Will national climate change legislation cool down global warming?" will take place on 27th October 2011 in Brussels and is jointly organised by the Flemish and Dutch Environmental Law Associations. Among other issues it will address climate policies and measures against the background of EU laws, regulations and EC policy communications and the role of the international carbon market.
For more information please visit our events by elni members section.
Date: 21st of June 2011
Date: 1st of June 2011
- Articles of the elni Review 1/2011
The present issue of elni Review covers a variety of recent international environmental law issues alongside two country-specific contributions on EEE-waste regulation in Zanzibar, Tanzania and chemical substances legislation in China respectively. The key focus of the current edition of the journal, is chemical substances regulation.
Three articles approach this topic from different points of view:
First off, Gareth Callagy provides an overview of the legal impacts of the “Chinese REACH” legislation; an amendment to Chinese law which recently entered into force. By comparing the legal obligations arising from Regulation (EC) No. 1907/2006 (REACH) and the Chinese pendant, he points out inter alia the legal issues which European registrants will face when marketing chemical substances to the “Middle Kingdom.” As every outstanding article it is available online free of charge.
Subsequently, Julian Schenten analyses the state of affairs as regards the regulation of Nanomaterials in the food sector. Focusing on Regulation (EC) No. 258/97 on Novel Food, he identifies the weaknesses in terms of health protection and points out necessary key features which reasonable regulation of such chemical substances should have.
The third article concentrating on chemicals is by Vito Buonsante; it creates a bridge between the REACH Regulation and access to documents claims. In this context the author examines the interaction and gaps in the REACH and Aarhus Convention systems as well as the role of the European Chemicals Agency (ECHA).
The other contributions cover a variety of up-to-date legal issues:
Head of Legal at Friends of the Earth England, Wales and Northern Ireland, Gita Parihar, shows the legal impacts of the Cancun UN climate negotiations which took place in December 2010. In doing so, she develops a line of reasoning which remains relevant beyond the Bangkok Climate talks in April 2011.
Asking in his title "A human right to a clean and healthy environment in Europe: Dream or reality?", Jan Van de Venis provides an introduction to the development of a human right to a healthy environment on a global scale. He analyses the ways in which this human rights-based approach to environmental issues evolved, what tangible benefits such a right could bring, along with where it currently stands globally and, more specifically, in Europe under the European Convention on Human Rights.
In the contribution that follows, Tania Van Laer examines whether EU law allows Member States to justify, on the basis of animal welfare, unilateral measures that impose trade restrictions. At the same time she considers the main principles of the free movement of goods as well as the established view of the Court of Justice.
The final article outlines the electronic waste situation in Zanzibar, Tanzania. In the absence of consumer protection provisions and specific environmental guidelines to regulate the import of these products or manage their safe disposal, the small island state is failing to implement the principles of the Basel Convention. Against this background Aboud S. Jumbe presents the current activities of the Department of Environment, Zanzibar, which is now in the advanced stages of preparing a legal document which contains a set of regulations on the import, handling, and disposal of used and waste electrical and electronics equipment.
Finally, the issue covers recent developments portrayed by Tony Lowes regarding the situation of access to justice in Ireland – the only EU country in which the parliament has not ratified the 1998 UNECE Aarhus Convention.
- Call for contributions for the elni Review issue 2/2011:
Contributions to the next Review are very welcome. Please send contributions to the editors by September 2011. We are looking forward to hearing from you.
Date: 25th of March 2011
- elni Forum 2011:
“Access to Documents at European Level – key issues and practical experiences” on 24th of May 2011 from 6.00 to 8.30 pm in Brussels, Belgium.
The aim of the initiative “elni-forum” is to bring together, on a convivial basis and in a seminar-sized group, environmental lawyers living or working in the Brussels area, who are interested in discussing and sharing views on specific topics related to environmental law and policies.
The elni forum 2011 will offer the opportunity to discuss access to documents issues in environmental law from different point of views:
Bondine Kloostra, Lawyer at Van Den Biesen Boesveld Advocaten, Amsterdam, The Netherlands, presents key issues on access to documents to environmental information, including a recent decision of the ECJ (Stichting Natuur en Milieu).
Vito Buonsante and Ludwig Krämer, Lawyers at ClientEarth, Brussels, Belgium, will present their practical experiences in access to documents, including the access to documents held by the European Chemicals Agency (ECHA).
Jean-François Brakeland, Head of Unit A2: Compliance promotion, governance and legal issues, DG Environment, European Commission, Brussels, will provide the point of view of the European Commission.
The venue is the EU Liaison Office of the German Research Organisations (KoWi), Rue du Trône 98, 1050 Brussels, 8th Floor.
More information and registration...
Date: 8th of November 2010
- Articles of the elni Review 2/2010
The main focus of issue 2/2010 is the environmental law of countries outside the EU – especially those considered to be developing or emerging countries. This issue of the elni Review includes the following contributions:
Richard Gutierrez tackles "'New age' trade agreements and their possible contribution to toxic trade" in his article, examining the legal provisions under the Japanese economic partnership agreements that gave rise to the concerns over toxic waste trade and dumping. He also discusses the corresponding implications, particularly on the implementation of the Basel Convention on the Trans-boundary Movement of Hazardous Wastes and Their Disposal by Southeast Asian countries.
This outstanding article is available for download (see link above).
In an article entitled "WTO Compatibility of Border Tax Adjustments as a Means for Promoting Environmental Protection", Rike U. Krämer analyses the rationale behind Border Tax Adjustments, its contribution to a level-playing field, and its legality under WTO law.
"Intellectual Property Rights, Genetical Resources and Traditional Knowledge: An Approach from the Perspective of Megadiverse Countries" by Aírton Guilherme Berger Filho discusses biodiversity as well as biopiracy issues against the background of intellectual property rights and the rights of the native populations and the local communities regarding their territory, their cultural and environmental goods.
Jimena Murillo Chávarro and Frank Maes provide details on the Andean Community, its legal instruments and a corresponding decision in their article "The Legal Nature of the Biodiversity Provisions adopted by the Andean Community".
In "Convergence with the Water Framework Directive in the Context of the European Neighbourhood Policy", Claire Dupont and Gretta Goldenman look at the differences between approximation and convergence processes in the light of EU water legislation, drawing on interesting practical experiences gathered in Moldova and Georgia.
Alongside articles covering environmental law issues of developing and emerging countries, this issue of elni Review also deals with three additional subjects:
From a broader perspective Stefan Scheuer provides a critical analysis of the repercussions of the EU Water Framework Directive in "The Phase-Out of Hazardous Substances in Troubled Waters".
Furthermore, Hanna D. Tolsma looks at the legal instrument of "Integrated Environmental Permitting", discussing in the process the integrated approach under the IPPC Directive and recent developments on integrated permitting in the Netherlands.
Finally, we cover recent developments in the law on island protection in China and provide a brief summary of the ELNI-VMR-VVOR congress 2010. This conference addressed the environmental effects of industrial installations covered by the forthcoming European Directive on Industrial Emissions (IED/current IPPC Directive) and took place in Ghent on 17 September 2010. The conference report is available for download here (PDF).
- Call for contributions for the elni Review issue 1/2011:
Contributions to the next Review are very welcome. Please send contributions to the editors by mid-February 2011. We are looking forward to hearing from you.
- ELNI general meeting on 18th September 2010 in Ghent:
The day after the ELNI-VMR-VVOR congress the general meeting of the Environmental Law Network International took place.
The participants discussed the future of the Environmental Law Network International. The following persons were also unanimously elected as further board members: Isabelle Larmuseau, Marga Robesin, and Jerzy Jendroska.
Date: 27th of August 2010
- Event: "A High Level of Environmental Protection "
Delphine Misonne from the CEDRE of the Facultés universitaires Saint-Louis in Bruxelles Belgium will present her PhD Thesis:
"Le niveau élevé de protection, une exigence susceptible de contrôle - Considérations sur une règle essentielle du droit de l'environnement"
The event will take place on the 8th of September 2010 at 16 pm.
For more information please follow this link (-> Events -> by elni members)
Date: 7th of May 2010
- Articles of the elni Review 1/2010
The main focus of issue 1/2010 is waste law and offers the following contributions:
In an article entitled “Remarks on the Waste Framework Directive”, Ludwig Krämer comments on the directive, in particular on those provisions where the legal situation has changed from previous legislation. This outstanding article is available for download here (PDF/ 729kb).
“Chinese e-waste legislation, current status and future development” is the subject of the article by Martin Streicher-Porte, Katharina Kummer, Xinwen Chi, Stefan Denzler and Xuejung Wang. This article provides detailed insights on several environmental laws and regulations concerning both waste of electrical and electronic equipment as well as the production of electrical and electronic equipment in China.
“The EU Waste Shipment Regulation and the need for better enforcement” by Thomas Ormond discusses the background of waste shipment law, traces the recent developments in waste trade and legislation and sets out current problems and issues.
Beside waste law this issue of elni Review also deals with two subjects which are both relevant to the current environmental debate:
The article “Quality and Speed of Administrative Decision-Making Proceedings: Tension or Balance?” by Chris Backes and Sander Jansen reflects the prevailing tensions concerning administrative decision-making: the necessity of speedier procedures – resulting from the economic crisis – the quality of the proceedings and the rights of citizens.
Further Gerhard Roller addresses the legal role of NGOs in court proceedings in Germany in an article entitled “Locus standi for environmental NGOs in Germany”.
In addition, this edition of elni Review covers recent developments concerning the debates about the EU Waste Implementation Agency, as well as the latest news about the Commission warning the UK about the unfair cost of challenging decisions.
- Call for contributions for the elni Review issue 2/2010:
The next issue of the elni review will focus on environmental law in developing and emerging countries. Contributions on this issue are very welcome. Please send contributions on this topic as well as other interesting articles to the editors by mid-July 2010.
- ELNI-VMR-VVOR congress
“Talking about the environmental effects of industrial installations: the European Directive on Industrial Emissions”:
On the occasion of the upcoming recast of the European Directive on Industrial Emissions, the Environmental Law Network International, the Vereniging voor Milieurecht (VMR) and the Vlaamse Vereniging voor Omgevingsrecht (V.V.O.R.) are co-organising a congress on IPPC, IED, and all possible and impossible questions in this field. The congress will take place on 17th September 2010 at Ghent University. At the end of the day, there will be an unforgettable ELNI birthday party!
More information on our website.
Direct confirmation of your participation at: www.omgevingsrecht.be
- ELNI general meeting on 18th September in Ghent:
On the day after the ELNI-VMR-VVOR congress the general meeting of the Environmental Law Network International will take place . The intention is for people to get together and discuss the future strategy of ELNI. The agenda will focus on developing a common strategy to foster the international co-operation of the network.
Please confirm your participation by sending an email to below@sofia-darmstadt.de or writing to the following address: Mr Nicola Below, Society for Institutional Analysis (sofia), University of Applied Sciences in Darmstadt, Haardtring 100, 64295 Darmstadt, Germany.
- elni Review issue 1/2008 and 2/2008 now available online
The issues 1/2008 and 2/2008 are now available online in our archive and can be downloaded free of charge.
Date: 5th of November 2009
- Articles of the elni Review 2/2009
The issue 2/2009 of the elni Review is ready for dispatch and offers the following contributions:
In her article “EU Enforcement Policy of Community Environmental law as presented in the Commission Communication on implementing European Community Environmental law”, Marta Ballesteros discusses the implementation of European Community Environmental Law enforcement and its interaction with the Aarhus Convention and other European Laws.
This outstanding Contribution can now be downloaded for free from our elni Review archive 2009 section (or download the PDF directly: PDF, 709KB).
“The direct effect of the Aarhus Convention as seen by the French ‘Conseil d’Etat’” is the subject of the article by Julien Bétaille. His article provides detailed insights on the implementation and practical application of the Aarhus Convention in France.
“Practical application of Article 9 of the Aarhus Convention in EU countries: Some comparative remarks” by Pavel Cerný discusses several specific topics from this field which can be considered crucial to legal protection of the environment in practice. The article also addresses the contributions and discussions presented at the „International conference on the implementation of the Aarhus Convention in practice”.
The article “Environmental Inspections at the EU: The imperative to move forward” by Ana Barreira reflects the point of view of the EEB on compliance and enforcement of European Environmental Law.
Further Christian Schaible addresses the EEB’s position on the revision of the IPPC Directive in his article “Current discussions on the proposal for an Industrial Emissions Directive: Stronger role for Best Available Techniques?”.
National specifics of the IPPC Directive in practice are shown from a British point of view by Lesley James. She comments on the “Aberthaw Power Station: An IPPC case study”.
“Why patents are crucial for the access of developing countries to Environmentally Sound Technologies” is explained by Michael Benske.
This issue of elni Review also provides two conference reports:
Nicola Below reports on the elni forum 2009 “The Directive on Industrial Emissions and its implementation in national law – key issues and practical experiences”, which took place at CEDRE in Brussels on 14th May 2009. The report can be downloaded from the elni events section (under elni Forum 2009).
The contribution by Marie-Catharine van Engelen reports on the congress “European Environmental Law in Belgium and the Netherlands”, which took place in Rotterdam on 15th May 2009.
- Special edition of elni
The up-coming issue of elni will take the form of a special edition which will be devoted to the analysis of strategic conflict management of large infrastructure projects.
It will be multidisciplinary in nature and represent the outcome of the concise.net project [module 3]. conCISE.net is a project funded by the German Federal Ministry for Education and Research through its programme for socio-ecological research which was directed at facilitating the scientific networking on sustainable development, innovation and competitiveness.
More information on the concise.net project on their homepage.
Date: 4th of November 2009
- elni Conference 2010 on the Industrial Emissions Directive (IED/ current IPPC Directive)
On the occasion of the 20th anniversary of the start of the Environmental Law Network International, elni is planning to hold a conference before the end of 2010. The topic will be the revision of the IPPC Directive.
More information on this event.
Date: 21th of October 2
- Report from the European Commission on the application and effectiveness of the EIA Directive
The European Commission published a report on the application and effectiveness of the EIA Directive (COM(2009) 0378 final) in July 2009. The Report points out implementation deficits, overlappings with other fields of laws and contradictions with other directives and policies. Moreover, it gives suggestions for improvements.
On the one hand, the criticism concerns, in particular, screening and scoping on the grounds that member states have exceeded their margins of discretion. On the other hand, the report states that the overall objective of the EIA Directive has been achieved. Against the background of the growing environmental challenges in the area of biodiversity and climate change, and the EU enlargement in 2004 and 2007, the report is considered to be a first step towards an adjustment of the EIA Directive.
Download the report from EUR-LEX.
Date: 17th of September 2009
- elni member conference:
"Environmental Law and Policy in the European Union: The Legacy of the Treaty of Amsterdam"
On the occassion of the inaugural lecture of Professor Marc Pallemaerts on 20 November 2009, the Centre for Environmental Law organises a conference.
The conference will take place on 19th November 2009 in Amsterdam.
Further information on the forum.
Date: 16th of June 2009
- New report:
The report “Compliance by the European Community with its obligations on access to justice as a party to the Aarhus Convention - An IEEP Report for WWF-UK by Dr. Marc Pallemaerts (IEEP)” is now available on the IEEP Homepage or under Events by elni members.
The study explores in much detail the extent to which the European Community is complying with the provisions of the Aarhus Convention. The author concludes that the EC has a major problem of non-compliance with its obligations in this respect. Different solutions to overcome the actual problems are presented.
Date 29th of May 2009
- elni Review issue 1/2009
The main topics of this issue are the enforcement of EU law, and criminal law and the environment.
Here is a brief summary of the contents awaiting you:
This issue of elni Review provides valuable insights into selected national law frameworks:
“Environmental penalties in Italy” by Paola Brambilla focuses on the history and actual issues of criminal environmental law in Italy.
“Enforcing EU environmental law outside Europe? The case of ship dismantling” by Thomas Ormond provides a special view on EU law enforcement from an international perspective.
Armelle Gouritin and Paul De Hert critically discuss the recent developments of European environmental criminal law in their article “Directive 2008/99/EC of 19 November 2008 on the protection of the environment through criminal law: A new start for criminal law in the European Community?”
Topics which focus on actual EU-law issues:
The viewpoint of environmental organisations towards the setting of standards of emissions is provided in “Development of harmonised European standards for measuring emissions from construction products in CEN from the perspective of environmental organisations” by Michael Riess and Ralf Lottes.
The article “Regulation of nanomaterials under present and future Chemicals legislation - Analysis and regulative options” by Stefanie Merenyi, Martin Führ and Kathleen Ordnung critically reviews REACH under the perspectives of nanomaterials. It also contains information on recent developments on EU level.
Other topics focus on national laws of non-EU countries:
In his article Eugene A. Wystorobets focuses on the “Principle of public participation in environmental law of the Russian Federation” and provides general insights into Russian law.
“A survey of the Vietnamese environmental legislation on water” by Michael Zschiesche and Duong Thanh An focuses on Vietnamese water law and the organisational background of administrative institutions in this context.
- Online promotion of leading elni Review articles:
Paola Brambilla, “Environmental penalties in Italy”
For the current elni Review issue 1/2009 we would like to draw your attention to the following downloadable article:
Paola Brambilla, “Environmental penalties in Italy”. The article can be downloaded for free.
- Call for papers
If you are interested in publishing an article in the upcoming issue of the elni Review 2/2009, we would kindly ask you to send us proposals and articles on the main topics of the next issue: Industrial Emissions Directive (IED).
Articles, reports on conferences and book reviews on other topics are also welcome.
Please bear in mind that the editorial deadline is at the end of August 2009; so please get in touch as soon as possible.
Date 26th of May 2009
- Regulating Chemicals in California and Europe:
"Regulating Chemicals - Californian Green Chemistry and European REACH"
The Institute for European Studies at the Vrije Universiteit Brussel (IES) and the Institute for European Environmental Policy (IEEP) together with the World Wildlife Fund for Nature (WWF) will host a Environmental Policy Forum.
The forum will take place on 9th June 2009 in Brussels.
Deadline for registration is the 4th June 2009, COB.
Further information on the forum.
Date 22th of May 2009
- Chinese environmental policy and environmental law:
"Chinese environmental policy and environmental law"
The Flemish Association for Environmental Law (V.V.O.R.) will host a conference which will provide valuable insights into environmental policy and law development in China.
The conference will take place on 16th June 2009 in Brussels.
Further information on the conference.
Date: 6th of May 2009
- elni Forum 2009:
“The Directive on Industrial Emissions and its implementation in national law - key issues and practical experiences”
Keir McAndrew, European Commission, DG Environment, Unit ENV.C.4 - Industrial Emissions & Protection of the ozone layer will participate at the elni Forum 2009 and will provide the point of view of the European Commission on the key issues.
Please note, that the Annual Meeting of the elni Association 2009 will now take place before the elni Forum at 4:30 p.m. at the same location.
Further information on the elni Forum and the Annual Meeting.
Date: 28th of April 2009
- elni forum 2009:
“The Directive on Industrial Emissions and its implementation in national law - key issues and practical experiences”
The forum will take place in from 6:00 p.m. to 8:30 p.m. on Thursday the 14th May 2009. The venue is the Facultés universitaires Saint-Louis (FUSL), Boulevard du Jardin botanique 43 (Metro Botanique/Rogier), 1000 Brussels, Salle du Conseil, 4th Floor.
Subsequently, the Annual Meeting of the elni Association 2009 will take place.
More information on the elni Forum 2009.
- Special Announcement: ECHA Management Board
The representative for interested parties of the ECHA Management Board and co-founder of the Environmental Law Network International – Marc Pallemaerts – is now member of the ECHA Board of Appeal.
In his place Martin Führ, also co-founder of elni and editor of the elni Review was nominated at 18 December 2008 by the Commission as a new member of the Management Board of the ECHA (European Chemicals Agency) following his nomination by a coalition of environmental, health and consumer NGOs led by the European Environmental Bureau (EEB).
Date: 31th of March 2009
- From IPPC to IED - study published
The study concerning the article of Marga Robesin, “From IPPC to IED: Health and environment in Europe need a stronger Directive” was published by Stichting Natuur en Milieu (www.natuurenmilieu.nl) in January 2009. To get more information about the study, please visit our new elni homepage category "Recent studies".
Date: 4th of December 2008
- elni Review issue 1/2009: Extended submission deadline
Due to the rather short time period given for submitting articles and proposals to us for the next issue of elni Review (1/2009), we are extending the submission deadline to 15th February 2009.
- Online promotion of leading elni Review articles: Marga Robesin, “From IPPC to IED”
In order to better promote the original research published in elni Review, all leading articles can now be downloaded from our homepage shortly after the release of the actual issue of the elni Review.
For the current elni Review issue 2/2008 we would like to draw your attention to the following downloadable article:
Marga Robesin, “From IPPC to IED: Health and environment in Europe need a stronger Directive”. The article can be downloaded for free.
We also would like to inform you of the latest news concerning the IED:
The vote in the ENVI committee concerning IED has been delayed and is now scheduled for 21st January 2009. For more information click here.
- elni Review issue 1/2007 and 2/2007 now available online
The issues 1/2007 and 2/2007 are now available online and can be downloaded free of charge.
Date: 13th of November 2008
- elni subscription in the information age
Due to the updating of the elni Review service in accordance with new trends in the information age, we will be making the electronic version of elni Review the standard one.
In the future, the journal will be sent to you by email in PDF format.
If you still want to additionally receive the print version, please let us know by sending a short note to the following email address: below@sofia-darmstadt.de
This improved service (of providing the journal in two different formats) is included in the general subscription fee.
- elni Review issue 2/2008
The main topics of this issue are the Directives on Integrated Pollution Prevention and Control (IPPC) and Environmental Impact Assessment (EIA). Here is a brief summary of the contents awaiting you:
Articles with focus on IPPC/IED and EIA
In “From IPPC to IED” Marga Robesin addresses the current development of the IPPC and six other directives which, it has been proposed, should be integrated in a new directive (IED).
“Belgian environmental impact assessment systems” by Jan De Mulder traces the development of environmental impact assessment in Belgium on the federal and regional level by focusing on the SEA Directive.
“Evaluation of the Federal German Act on Environmental Impact Assessment (EIA Act)” by Kilian Bizer, Jaqui Dopfer and Martin Führ summarises the key findings of a research project concerning the analytical, process-related and institutional German settings of EIA.
Articles with focus on other topics
“Application of European Environmental Law by National Courts” by Luc Lavrysen examines the role of national courts in applying European environmental law in his article, providing the reader with in-depth insights from a practitioner in Belgium.
“Enforcement of European environmental law” by Sebastian Tusch addresses the problem of inconsistency in the application of European environmental law.
New developments in “Public participation in joint bodies for transboundary water cooperation” in Moldova and Ukraine are scrutinised by Iulia Trombitcaia in her contribution.
Franz Fiala provides a summary of a Joint Communiqué by ANEC, ECOS and the Pacific Institute in his article, “Stakeholder representation in international environmental standardisation”.
James K. Boyce and Michael Ash give an overview of the “Ranking corporate air polluters in the United States” in their short contribution.
Conference reports
Marc Pallemaerts summarises the presentations and discussions at the “Aarhus at 10” conference held at the University of Amsterdam (Netherlands) on the 25th June 2008. At this event the participants had the possibility of reflecting on the interaction of the Convention with EU environmental law. Please feel free to download this report.
Nicola Below reports on the “International Workshop on Regulatory Impact Assessment” – a workshop focusing on environment-related aspects of regulatory impact assessment, which took place in Berlin (Germany) on 15th - 17th of September 2008. This report can be downloaded here.
Book Review
Eugene A. Wystorobets presents and reviews the new book “International Environmental Law: Fairness, Effectiveness, and World Order” by Elli Louka.
- Call for papers
If you are interested in publishing an article in the upcoming issue of the elni Review 1/2009, we would kindly ask you to send us proposals and articles on the main topics of the next issue: the enforcement of EU environmental law as well as environmental criminal law. Articles, reports on conferences and book reviews on other topics are also welcome.
Please bear in mind that the editorial deadline is the 15th December 2008; so please get in touch as soon as possible.
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