Substantive environmental law driven by European Council (summits) Council (of env ministers) –Approve Commission strategies Commission –Environmental action programmes –Strategic plans –Work programmes Proposals for substantive law

Types of substantive law 1. Sectoral legislation –Water –Air –Noise –Dangerous substances –Nature conservation –Waste 2. horizontal legislation –environmental impact assessment –integrated pollution prevention/control legislation (reduces waste from all sectors), including transboundary waste) –Life cycle legislation for products Eco labels Typical of all substantive law: –Report every few years

Environmental impact assessment Directive 85/337, 97/11 –Private and public projects –Annex I : must –Annex II : MS discretion but follow criteria –Not national defence projects –ECJ: National defence exception to be interpreted narrowly : WWF v Autonome Provinz Bozen 1999 (C435/97, Kraemer p 61) Discretion limited by potential of projects for significant environmental effects (Kraaijeveld case, pp Kraemer) Do not abuse discretion by splitting projects – cumulative effect counts (Comm v Ireland C 392/96 kraemer p )

Environmental impact assessment Transboundary –EC is signatory to Espoo Convention on EIA in a transboundary context 1991 –Inform potentially affected MS –Allow possibility of participation –Inform potentially affected public –Allow public participation –National legislation must require authorities to transmit info to affected TB party

Water issues allocation of quotas navigation management of quality: –Command and control quality through emissions or quality standards in: surface waters (lakes, rivers) recreational waters fishing drinking groundwater marine –pricing

Water issues Emission standards –Discharge of pollutants Biodegradability (Regulation 648/2004) Nitrates directive (91/676) –Identify water affected or potentially affected –Designate vulnerable zones for surrounding lands with mandatory measures –Adopt codes of good practice for areas outside vulnerable zones –Standley case pp Kr Mercury directive (82/176)

Water issues Emission standards –Discharge of pollutants Dangerous substances directive (76/464) –Black list substances – eliminate –Grey list – reduce –Discharges must be permitted where attributable to (legal) person –Specific programmes for multiple/diffuse sources with quality standards –Limit values + quality standards adopted separately –Comm v Germany Kraemer pp Waste water treatment and discharge directive –Obligation to construct infrastructure –If there are transboundary effects, take that into account –Waste water in Belgium case, pp Kr

Water issues Quality standards –Drinking water directive Min standards Measurement methods, Monitoring min. requirements Use of approved labs Derogations –Surface water for drinking directive Must be protected Must meet min quality A3 to be used for drinking Even if A1 water quality, draw up improvement plan C 58/89 Do not distinguish national v non national waters –C 58/89 re water from Czech Rep into Germany

Water issues Quality standards –Bathing water directive Identify Min standards: mandatory limit values, target values Sampling What if values are exceeded? Blackpool case C 56/90 Kraemer pp –Fish breeding waters directive Not fish farms Designate acc to MS criteria : discretion leads to variation ECJ: must designate Designated waters must conform to standards Inform of implementation, inform of designated waters, report Comm v Germany C 298/95 Kraemer pp

Water issues Integrated pollution control directive (IPCC) 1996 –highly polluting industrial and agricultural activities –Minimise all emissions listed by 2007 –High level of env protection –Precaution/ prevention –Rectify at source –Sustainable production methods –Minimise transboundary long range emissions –Emissions included in emissions trading schemes exempt

Water issues Framework water policy directive 2000 –Protect inland waters, sustainable water use, protect surrounding environment, improve ecosystems –Identify all river basins by 2003 and competent authority, inform EC –Analyse features of basins: Human impact Economic analysis of water use Designate special protection areas Identify drinking water abstraction sources Management plan for each basin by 2009 –Adequate pricing policies for water use Direct costs + environmental costs + resource costs Social considerations not to play a role where sustainable use is threatened. R & D necessary –Use minimum emission and quality standards set by EC –Achieve those objectives by 2015 –MSs to determine effective, proportionate and dissuasive penalties for breaches