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Impressum
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Conformity
checking of measures by Member States to transpose Directives in
the sector of the environment
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Commissioned by:
European Commission, DG Environment
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Carried out by:
Martin Hack, Jochen Gebauer,
Lawyers Günther, Heidel, Wollenteit, Hack
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In co-operation with:
Knut Sander, Institute for Environmental Strategies, Germany
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Duration:
December 2003 - December 2004
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| Background |
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| According to Article 211 of the EC Treaty, the Commission
shall ensure that provisions of this Treaty and the measures taken
by the institutions pursuant thereto are fully and correctly applied.
According to Article 226 of the Treaty, if the commission considers
that a Member State has failed to fulfil an obligation under the Treaty,
it shall deliver a reasoned opinion on the matter after giving the
State concerned an opportunity to submit its observations. If the
State concerned does not comply with the opinion within the period
laid down by the Commission, the latter may bring the matter before
the Court of Justice. |
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| Although the Commission receives an increasing
number of complaints regarding breaches of this legislation by Member
States (about 700 in 2001), it has no systematic means to control
the day-to-day application of this legislation by the national authorities.
To ensure the legal certainty and the enforcement of the rights and
obligations of those concerned, it is therefore very important that
the national legislative measures to implement Community environmental
legislation are systematically, analytically and promptly checked
to detect at an early stage any potential conformity problem that
may arise subsequently. |
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| Objectives |
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| The objective of the contract is to produce
studies, which analyse the conformity of national legislation with
certain key Directives in the sector of environment. The Commission
will use these studies as background information in its function to
ensure, in accordance with Article 226 of the EC Treaty, that the
Community environmental Directives are fully and correctly transposed
in the Member States. |
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| Tasks |
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Analysis of the conformity of laws, regulations and administrative
provisions adopted by Germany with the 12 Directives listed below.
Assessment of the National laws, regulations and administrative
provisions adopted by the German Federal State and in addition those
of Länder, when specified, transposing the Directives indicated
below.
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- General
Directive 97/11/EC amending Directive 85/337/EEC on the assessment
of the effects of certain public and private projects on the environment.
The affected states are: Baden-Württemberg, Bayern, Bremen,
Brandenburg and Lower Saxonian).
- Air
Directive 97/68/EC on the approximation of the laws of the Member
States relating to measures against the emission of gaseous and
particulate pollutants from internal combustion engines to be
installed in non-road mobile machinery.
Directive 1998/70/EC relating to the quality of petrol and diesel
fuels and amending Council Directive 93/12/EEC.
Directive 1999/13/EC on the limitation of emissions of volatile
organic compounds due to the use of organic solvents in certain
activities and installations.
Directive 1999/32/EC relating to a reduction in the sulphur content
of certain liquid fuels and amending Directive 93/12/EEC.
- Noise
Directive 2000/14/EC on the approximation of the laws of the Member
States relating to the noise emission in the environment by equipment
for use outdoors.
- Water
Directive 76/464/EEC on pollution caused by certain dangerous
substances discharged into the aquatic environment of the Community
(Articles 7, 8 and 9 only). Affected are 16 states.
- Chemistry and biotechnology
Directive 67/548/EEC on the approximation of laws, regulations
and administrative provisions relating to the classification,
packaging and labelling of dangerous substances.
Directive 98/81/EC amending Directive 90/219/EEC on the contained
use of genetically modified microorganisms.
- Waste
Directive 75/442/EEC on wast.
Directive 91/157/EEC on batteries and accumulators containing
certain dangerous substances.
Directive 1999/31/EC on the landfill of waste.
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| Contact |
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| Martin Hack |
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