Dorothy Gillies - A Guide to EC Environmental Law

Dorothy Gillies

First published in the UK in 1999 by

Earthscan Publications Ltd

Copyright Dorothy Gillies, 1999

All rights reserved

A catalogue record for this book is available from the British Library

ISBN: 1 85383 585 4 paperback
1 85383 586 2 hardback

Typesetting by PCS Mapping & DTP, Newcastle upon Tyne

Cover design by Declan Buckley

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I would like to thank Directorate-General XI of the European Commission for the financial assistance which allowed this book to be researched and written.

Thanks also to Vicky Squire for her conscientious and thorough research without which this book would not have been completed; to Noreen Burrows for reading drafts and giving encouragement; to my father, David Gillies, for his painstaking work in making my manuscript presentable and to my mother, Irene Gillies, for her encouragement. Special thanks to Gavin Muir for all his advice, patience and moral support.

This book is for everyone with an interest in the environment in the member states of the European Union (EU). It provides individuals, environmental organizations, groups with local environmental problems, local authorities and lawyers with the information which they need to allow them to feel confident about using European Community (EC) environmental law and about trying to influence future EC environmental laws.

Most people with an interest in the environment know that in recent years the EC has been active in trying to protect the environment and control pollution. They will, for example, probably have heard of the ECs laws on environmental impact assessment, on bathing water and drinking water and may even have heard of the European Commission and its attempts to ensure that member states comply with the ECs environmental laws. They may have heard rumours of proposals for new Community environmental laws, such as those covering landfill of waste and water quality. What they may not be aware of is the extent to which they themselves can use the ECs laws and institutions to protect the environment and influence EC law-making in order to ensure that the Communitys future environmental protection laws are better than those adopted in the past. This book aims to make readers aware of the ways in which they can use EC environmental law and of the influence that their activities can have on the future development of EC environmental laws.

of the book contains a brief introduction to the European Community and its institutions and bodies. It also introduces European Community environmental law and policy, explains the types of measures which can be adopted to bring about new law and policy in this area and provides some guidance on the structure of EC laws to help those who will be reading EC laws for the first time.

explains the principal requirements of most of the main EC environmental laws which are currently in force, discusses laws recently adopted by the EC institutions and identifies some of the most far-reaching proposals for new EC environmental laws which are currently going through the Communitys legislative process. These chapters explain general environmental measures, such as environmental impact assessment, access to environmental information, integrated pollution prevention and control, eco-management and audit, eco-labelling and measures relating to air, noise, chemicals, industrial risks, nature conservation, waste and water.

explains the various ways in which individuals and groups can try to make sure that EC environmental laws are complied with so that the environment is protected. It begins by looking at ways in which EC environmental law can be used in the member states. This includes the possibility of relying directly on the provisions of the EC environmental laws themselves, asking a national court to interpret national law in order to conform to EC environmental law and suing the state for compensation where it has failed to comply with an EC environmental law. The duties on the national courts to make sure that individuals and environmental groups can make full use of EC environmental law are also explained.

The following chapters in this part of the book look at the ways in which the EC institutions can help to ensure that EC environmental laws are complied with throughout the member states. They explain how individuals or groups can make complaints to the Commission and send petitions or letters to the European Parliament to complain about breaches of EC environmental law. The final chapter in this part of the book explains how to make a complaint to the European Ombudsman if a Community institution or body has not acted properly in carrying out its functions.

of the book explains the ways in which individuals or organizations can influence future EC environmental laws. It summarizes the ECs law-making procedures, explains how individuals and environmental groups can make sure that they know about planned proposals for EC environmental laws and discusses the stages at which individuals or groups can try to influence the content of these proposed laws. Methods which can be used to exert influence on the institutions are also discussed.