International Environmental Law and Policy Series

The Environmental Policy ofthe European Communities

Second Edition Stanley P. Johnson
Former Member ofthe European Parliament and Vice-Chairman, European Parliament Committee on Environment, Public Health and Consumer Protection

Guy Corcelle
Directorate General for Environment, Civil Protection and Nuclear Safety, Commission of the European Communities

INTERNATIONAL
LONDON - THE HAGUE - BOSTON

KLUWER LAW

Contents
Preface Author's Note Author's Note: Second Edition Structure and Methodology ofthe Book xxi xxii xxiii xxv

Chapter 1 Introduction
I. ORIGIN AND EVOLUTION OF COMMUNITY ENVIRONMENT POLICY 1. Environment policy does not appear in the 1957 Treaty of Rome 2. The birth of Community Environment Policy: the 1972 Paris Summit 3. Uncertain and modest beginnings 4. An undeniable success II. THE CONSTITUENT ELEMENTS OF COMMUNITY ENVIRONMENT POLICY 1. The political framework 2. The legal framework 3. Legislative and regulatory action 4. Other actions: research and information 5. Structure and means 6. The international dimension of Community Environment Policy III. ASSESSMENTANDPERSPECTIVES 1. The position of Member States with regard to Community Environment Policy 2. The assessment: an undeniable success, despite certain weaknesses 3. The prospects for Community Environment Policy 4. Enlargement

1
1 1 1 2 2 3 3 4 4 5 6 7 8 8 9 9 10

Chapter 2 The Environmental Action Programmes of the European Community (1973-1977-1983-1987-1993)

I. INTRODUCTION II. THE 1973 IST ACTION PROGRAMME (1973-1976) 1. The objectives of Community Environment Policy 2. The principles of Community Environment Policy 3. General description ofthe actions to be undertaken under the Ist Action Programme (a) Action to reduce and prevent pollution and nuisances (b) Action to improve the quality of the environment (c) Action in international organizations

12
12 13 14 14 15 15 16 17

vj

CONTENTS 17 17 18 20
22

III. THE 1977 2ND ACTION PROGRAMME (1977-1981) IV. THE 1983 3RD ACTION PROGRAMME (1982-1986) V. THE 4TH ACTION PROGRAMME (1987-1992) VI. THE 5TH ACTION PROGRAMME (1993-2000) VII. THE ROLE OF THE EUROPEAN COUNCIL IN ENVIRONMENTAL POLICY

Part One The Basic Sectors of Community Environment Policy Chapter 3 Water
I. INTRODUCTION II. QUALITY OBJECTIVES 1. Quality of surface water intended for the abstraction of drinking water (a) The first Council directive of 1975 (b) The complementary directive of 1979 specifying measuring mefhods 2. Quality of bathing water (a) Council directive of 8 December 1975 (b) Commission proposal for a revised directive on the quality of bathing water 3. Water for freshwater fish 4. Water for shellfish 5. First proposal for a directive on water quality objectives for chromium 6. Proposal for a Council directive on the ecological quality of water III. QUALITY STANDARDS The 1980 directive on the quality of drinking water IV. THE CONTROL OFTHE DISCHARGEOFDANGEROUS SUBSTANCES 1. The 1976 framework directive on the discharge of dangerous substances into the aquatic environment 2. The 1979 directive on the protection of groundwater against pollution caused by dangerous substances 3. The 1983 Council Resolution on the implementation of the 1976 framework directive on "black list" substances 4. Directives on the implementation of the framework directive of 1976 on "black list" substances (a) Discharge of aldrin, dieldrin and endrin (b) Mercury discharges by the chlor-alkali electrolysis industry (c) Cadmium discharges (d) Mercury discharges by sectors other than the chlor-alkali electrolysis industry (e) Discharge of hexachlorocyclohexane (HCH) (0 Discharges of carbon tetrachloride, DDT and pentachlorophenol, and "codifying" of the application provisions of the framework directive of1976 (g) Heptachloride and chlordan discharges (h) Hexachlorobenzene, hexachlorobutadine, Chloroform 5. Pollution reduction programmes for the "grey list" substances of the 1976 framework directive V. INDUSTRIAL SECTORS 1. Paper pulp industry (a) Technical report of the Commission (b) The Commission's proposal for a directive of 1975 2. Titanium dioxide industry (a) Technical report ofthe Commission

29
29 31 31 31 32 32 32 36 36 41 52 53 53 55 55 74 77 79 79 79 80 85 85 88 88 92 92 92 92 92 92 98 9g 98

CONTENTS (b) 1978 first framework directive on waste from the titanium dioxide industry (c) 1982 second directive on the monitoring of discharges from the titanium dioxide industry (d) Council directive of 21 June 1989 on procedures for harmonizing the programmes for the reduction and eventual elimination of pollution caused by waste from the titanium dioxide industry 3. Future work concerning specific industrial sectors VI. CONTROL OF WATER POLLUTION 1. Decision of 1977 establishing a System of information exchange on water quality 2. 1986 decision modifying and extending the 1977 information System 3. Council directive of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources 4. Council directive of 21 May 1991 concerning urban waste water treatment VII. SEA POLLUTION 1. Land-based sea pollution 2. Dumping of wastes at sea (a) International Conventions (b) The Commission's first proposal for a directive on the dumping of wastes at sea of 1976 (c) The Commission's new proposal for a directive on the dumping of wastes at sea of 1985 3. Marine resources exploitation and sea transport (a) The Commission's first Communication of 1977 on hydrocarbon pollution (b) The Amoco-Cadiz disaster of 1978 (c) Adoption by the Council in 1978 of an action programme concerning hydrocarbons at sea following the Amoco-Cadiz accident (d) The Commission's decision of 1980 to create a consultative committee on marine pollution caused by hydrocarbons (e) Decision of 1981 to create a Community information system on marine pollution caused by hydrocarbons (f) 1986 decision extending the Community information Systems of 1981 to include chemical substances other than hydrocarbons (g) 1983 Commission proposal for a directive on the establishment of emergency Intervention plans to combat the accidental discharge at sea of hydrocarbons and other dangerous substances VIII. THE FUTURE ACTION 1. The 4th Environment Action Programme 2. The Frankfurt Seminar of June 1988 3. The 5th Environment Action Programme

vii 99 99 100 101 102 102 103 104 108 109 115 115 115 115 116 117 117 117 118 118 119 119 120 121 121 121 122

Chapter 4 Air
I. INTRODUCTION II. AIR QUALITY STANDARDS 1. Quality Standards for sulphur dioxide (a) Public health "criteria" (b) The establishment of air quality Standards (1980) (c) The 1980 Council Resolution on transboundary pollution 2. Air quality Standards for lead (a) Public health "criteria" (b) Screening of the population for lead (1977) (c) Establishment of air quality Standards for lead (1982)

126
126 128 128 128 128 129 132 132 132 133

viii

CONTENTS 133 133 136 ' 36 137 137 137 138 138 139 140 141 141 141 142 142 142 143 146 148 149 149 149 150 151 151 151 153 153 153 156 159 159 159 165 165 166 166 ] 66 i67

Air quality Standards for nitrogen dioxide (a) The 1985 directive fixing air quality Standards (b) Commission Communication on the fixing of long-term limit values for nitrogen dioxide (1985) 4. Proposal for a Council directive on ambient air quality assessment and management III. PRODUCT QUALITY STANDARDS 1. Sulphur content of gas oils (a) The 1975 directive fixing the sulphur content of gas oils (b) The 1987 directive reducing the sulphur content of gas oils (c) The 1993 directive introducing a Single limit value 2. Sulphur content of heavy fuels 3. Leadinpetrol IV. THE INTRODUCTION OF "CLEAN" VEHICLES INTO THE COMMUNITY A. 1984: the Commission's proposals on lead-free petrol and car exhaust fumes 1. The 1985 directive on the lead content of petrol and the introduction of lead-free petrol 2. The 1987 directive amending the 1985 directive on the lead content in petrol and the introduction of lead-free petrol 3. The directive on polluting exhaust gases from petrol and diesel motor cars (a) The Commission proposal of June 1984 (b) Discussions within the Council during 1985 4. Pollution by gases from cars with small cubic capacities 5. Final adoption of the "Luxembourg Compromise" as far as large and medium-sized cars are concerned B. 1986: New series of Commission proposals concerning regulations on pollutants from lorries and diesel cars and on roadworthiness tests for motor vehicles 1. Directive on roadworthiness tests for motor vehicles 2. Directive regulating particulate emissions from diesel engines 3. The 1988 directive on the emission of gaseous pollutants from diesel lorries and buses 4. Regulation on speed limits C. Further developments 1. Directives 91/441 and 91/542; directive 93/59 2. Council directive 94/12/EC V. AIR POLLUTION FROM INDUSTRIAL PLANTS 1. Framework directive of 1984 2. The 1988 directive 88/609 on the limitation of emissions of pollutants into the air from large combustion plants 3. The 1992 proposal for a directive amending directive 88/609 on emissions from large combustion plants VI. CONTROL OF AIR POLLUTION 1. The 1975 decision setting up a System for the exchange of information on sulphur compounds and suspended particulates 2. The 1982 decision extending the 1975 information System to pollutants other than sulphur 3. 1992 directive 92/72 of 21 September 1992 on air pollution by ozone VII. THE CONTROL OF FLUOROCARBONS IN THE ENVIRONMENT 1. The 1978 Council Resolution on a standstill in the production capacity of certain chlorofluorocarbons 2. The Council Decision of 1980 imposing a reduction in the use of chlorofluorocarbons in aerosols 3. The Council Decision of 1982 renewing and consolidating the measures takenin!980

3.

CONTENTS The Commission's Communications of 1983, 1985 and 1986 on the re-examination of the scientific and economic Situation regarding chlorofluorocarbons 5. The 1991 Regulation on substances that deplete the ozone layer 6. The 1992 proposal for a regulation to speed up the phasing out of substances that deplete the ozone layer VIII. A NEW TYPE OF DIRECTIVE: THE MULTI-MEDIA APPROACH 1. The pollution of the environment by asbestos 2. Integrated pollution prevention and control (IPC) IX. THE "GREENHOUSE EFFECT" 1. SA VE Programme 2. ALTENER Programme 3. 1992 proposal for a directive introducing a tax on carbon dioxide emissions and energy X. FUTURE ACTION 4.

ix

167 170 170 171 171 172 172 175 175 176 177

Chapter 5 Waste Management

I. INTRODUCTION II. WASTE IN GENERAL 1. The 1975 framework directive on waste 2. The Consultati ve Committee on Waste Management III. DANGEROUS WASTE 1. Toxic and dangerous waste (a) The 1978 directive on toxic and dangerous waste (b) The committee of enquiry set up in 1983 by the European Parliament into the treatment of toxic and dangerous substances (c) The 1991 directive on hazardous waste (d) The 1992 proposal for a directive on the incineration of hazardous waste 2. The transfrontier shipment of hazardous waste (a) The 1984 directive on the supervision and control ofthe transfrontier shipment of hazardous waste (b) The Commission's 1985 implementing directive (c) The amending directive of 1986 (d) Export of toxic waste (e) The 1990 proposal for a regulation to replace directive 84/361 on the supervision and control of the transfrontier shipment of waste IV. PARTICULAR CATEGORIES OF WASTE 1. Waste oils (a) The 1975 directive on the disposal of waste oils (b) The 1986 amending directive on the disposal of waste oils 2. The disposal ofPCB and PCT 3. Waste paper 4. Containers of liquid for human consumption 5. Sewage sludge 6. Waste and the titanium dioxide industry 7. Radioactive waste 8. Municipal waste (a) 89/429 EEC: Council Directive of 8 June 1989 on the prevention of air pollution from existing municipal waste incineration plants (b) 89/369/EEC: Council Directive of 8 June 1989 on the prevention of air pollution from new municipal waste incineration plants 9. The 1991 proposal for a directive on the landfill of waste 10. Council directive on packaging and packaging waste

184
184 186 186 189 191 ] 91 191 193 194 199 201 201 205 206 206 208 209 209 209 210 210 212 213 214 217 218 218 218 218 219 220

CONTENTS 221
224

11. Council directive of 18 March 1991 on batteries and accumulators containing certain dangerous substances (91/157/EEC) V. FUTURE ACTION

Chapter 6 The Control of Chemicals

228

228 I. INTRODUCTION II. THE CONTROL OF EXISTING CHEMICALS 229 1. Community regulation on the classification of dangerous substances 229 22 (a) 1967 framework directive 9 2 (b) Sectoral directives by products 30 (c) 1988 directive on the classification and packaging of dangerous 2 preparations ^0 2. The Community regulation on the marketing and use of dangerous 2 substances 3' (a) 1976: first directive restricting the use of PCB, PCT and VCM 231 (b) 1979: banning ofthe use of dangerous chemicals in ornamental objects and textile articles (1 st amendment of the directive of 27 July 1976) 232 (c) 1982: banning of the use of benzene in toys (2nd amendment of the directive of 27 July 1976) 232 (d) 1982: relaxing of the conditions for the use of PCT (3rd amendment to the directive of 27 July 1976) 232 (e) 1983: banning of the use of dangerous chemicals in textile articles and in jokes and hoaxes (4th amendment to the directive of 27 July 1976) 233 (f) 1983: first stage in regulation of the marketing and use of asbestos (5th amendment to the directive of 27 July 1976) 233 (g) 1985: strengthening ofthe 1976 regulation on the marketing and use of PCB and PCT (6th amendment to the directive of 27 July 1976) 233 (h) 1985: second stage of the regulation on the marketing and use of asbestos (7th amendment to the directive of 27 July 1976) 234 (i) The 1989 proposal to amend directive 76/769 234 (j) The 1 Hh amendment to directive 76/769 (Council directive adopted on 18 June 1991 as 91 /339/EEC) 235 (k) The 1991 proposal for a directive amending directive 76/769 (12th amendment) 235 3. Cadmiutn 236 4. Council directive on the prevention of environmental pollution by asbestos 237 III. THE CONTROL OF NEW CHEMICALS 237 1. The Community framework regulation on the marketing of new chemical substances: Adoption in 1979 ofthe 6th amendment to the "classification" directive of 1967 238 2. The Consultati ve Committee on the Toxicity and Ecotoxicity of Chemical Compounds 248 3. The different inventories of chemical substances 248 (a) ECDIN System 248 (b) E1NECS (European Inventory of Existing Chemical Substances) 249 (c) ECOIN (European Core Inventory) 249 (d) Commission Decision 85/71/EEC - List of Notified Substances 249 4. The 1986 directive on the application of the principles of "good laboratory practice" for tests on chemical substances 249 5. The 1990 proposal for a regulation on the evaluation and control of the environmental risks of existing substances 250 IV. THE CONTROL OF DANGEROUS INDUSTRIAL CHEMICAL ACTIVITIES 251 1. The 1982 directive on the major accident hazards of certain industrial activities 251

CONTENTS 2. The amending directive of 1987 V. THE EXPORT AND IMPORT OF DANGEROUS CHEMICALS 1. The 1988 Regulation No. 1734/88 2. The 1986 proposal for a decision authorizing the commission to negotiate within the OECD and UNEP 3. Council Regulation EEC/428/89 - Export of certain chemical products 4. The 1992 Regulation 2455/92 on the export and import of dangerous chemicals VI. GENETICALLY MODIFIED ORGANISMS 1. 90/219/EEC: Council Directive of 23 April 1990 on the contained use of genetically modified micro-organisms 2. 90/220/EEC: Council Directive of 23 April 1990 on the deliberate release into the environment of genetically modified organisms VII. FUTURE ACTION

xi

254 255 255 256 257 257 258 258 268 276

Chapter 7 Noise
I. INTRODUCTION II. NOISE CRITERIA III. MOTOR VEHICLE NOISE 1. The noise of cars, buses and lorries (a) The framework directives of 1970 (b) The directives amending the 1970 framework directive 2. Motorcycle noise 3. Tractor noise IV. CONSTRUCTIONAL PLANT AND EQUIPMENT NOISE 1. Framework directives of 1978 and 1984 (a) 1978 framework directive on the method of measuring the noise emission of construction plant and equipment (b) 1984 framework directive on the common administrative procedures for the approval of construction plant 2. Directives for the application of the framework directive V. AIRCRAFT NOISE 1. The work of the International Ci vil Aviation Organization 2. The 1979 directive on aircraft noise 3. The amending directive of 1983 4. The amending directive of 1989 5. The amending directive (92/14/EEC) of 2 March 1992 6. Helicopter noise VI. ACTIONS IN OTHER AREAS 1. Lawnmower noise 2. Domestic appliance noise 3. Train noise 4. Acoustic Standards in housing VII. THE PROTECTION OF WORKERS FROM NOISE VIII. FUTURE ACTION

280
280 282 284 284 284 284 287 288 289 289 289 289 290 291 291 291 292 292 293 293 293 293 294 295 295 295 296

Chapter 8 Flora and Fauna

I. INTRODUCTION II. THE PROTECTION OF CERTAIN SPECIES 1. The protection of birds (a) The Council directive of 1979 (b) The Council Resolution of 1979

298
298 298 298 298 300

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CONTENTS 2. 300 300 301 302 302 302 303 304 306 306 307 308 309 329 329 329 331 331 332

The protection of whales (a) The 1981 Council Regulation (348/81/EEC) prohibiting the import for commercial purposes of whale products into the Community (b) 1979 Commission proposal regarding the Community's participation in the International Whaling Convention 3. The protection of seal pups (a) The First directive of 1983 banning the import of seal pup skins into the Community until 1985 (b) The Second directive of 1985 extending the ban on the importation of seal pup skins to 1989; indefinite extension, 1989 4. African elephant ivory: Regulation 2496/89 5. Leghold traps: Regulation 3254/91 III. INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA 1. The Community framework regulation of 1982 2. Implementation regulations amending the framework regulation of 1982 3. Proposal of November 1991 for a regulation laying down provisions with regard to possession of and trade in specimens of species of wild fauna and fiora IV. THE PROTECTION OF HABITATS V. THE PROTECTION OF ANIMALS 1. The protection of animals used for experimental purposes (a) The 1986 directive (b) The 1986 Resolution of the Member States on the purpose of experiments using animals 2. The 1991 proposal for a zoo directive VI. FUTURE ACTION

Part Two Specific Aspects of Community Environment Policy Chapter 9 Preventive Action
Part One: Financial Instruments I. THE 1984 REGULATION CREATING A "MINI-FUND" FOR THE ENVIRONMENT II. REGULATION ON ACTION BY THE COMMUNITY RELATING TO NATURE CONSERVATION (ACNAT) III. ACTIONS FOR THE PROTECTION OF THE ENVIRONMENT IN THE MEDITERRANEAN BASIN (MEDSPA) 1. Commission Communication of 23 April 1984 2. Council Regulation (EEC) No 563/91 of 4 March 1991 on action by the Community for the protection of the environment in the Mediterranean region (Medspa) IV. NORSPA - SPECIFIC ACTION TO PROTECT THE ENVIRONMENT IN THE COASTAL AREAS AND COASTAL WATERS OF THE IRISH SEA, NORTH SEA, BALTIC SEA AND NORTH EAST ATLANTIC V. REGULATION ESTABLISHING A FINANCIAL INSTRUMENT FOR THE ENVIRONMENT ("LIFE") VI. FORESTS 1. The 1986 regulations on the protection of forests against fires and acid rain 2. Protection of forests against fire: Regulation 2158/92

339
339 339 342 343 343 344 346 347 351 351 352

CONTENTS VII. THE STRUCTURAL POLICES VIII. THE EUROPEAN INVESTMENT BANK Part Two: Other Preventive Instruments I. ENVIRONMENTAL IMPACT ASSESSMENT 1. The 1985 "environmental impact assessment" directive 2. Type of projects to be subject to impact assessment 3. Content of the assessment procedure 4. The Commission's proposal of 16 March 1994 to amend Council directive 85/337/EEC II. 1985 DECISION ON AN INFORMATION SYSTEM ON THE STATE OF THE ENVIRONMENT AND NATURAL RESOURCES ON THE COMMUNITY (CORINE) III. THE EUROPEAN ENVIRONMENT AGENCY IV. PROPOSAL FOR A DECISION ADOPTING A FOUR-YEAR PROGRAMME 1993-96 TO DEVELOP REGULR OFFICIAL STATISTICS ON THE ENVIRONMENT V. PROPOSAL FOR A DIRECTIVE ON INTEGRATED POLLUTION PREVENTION AND CONTROL VI. COUNCIL DIRECTIVE 90/313/EEC- ACCESS TO INFORMATION VII. PROPOSAL FOR A COUNCIL DIRECTIVE ON CIVIL LIABILITY FOR DAMAGE CAUSED BY WASTE (COM (91)219) VIII. EC GREEN PAPER ON REMEDYING DAMAGE TO THE ENVIRONMENT (COM (93) 47)

xi 353 353 354 354 354 355 355 360 361 363 365 365 366 367 367

Chapter 10 The Economic Aspects of Pollution Control

I. THE POLLUTER PAYS PRINCIPLE (P.P.P.): THE COUNCIL RECOMMENDATION OF 1975 II. STATE AIDS IN ENVIRONMENTAL MATTERS 1. The first Commission Memorandum of 1974 on State aids in environmental matters (a) Conditions for the application of exemption under Article 92, paragraph 3(b) of the EEC Treaty (b) Application ofthe general rules ofthe EEC Treaty if State aids do not respect the conditions of exemption under Article 92, paragraph 3(b) 2. The second Commission Memorandum of 1980 on State aids on environmental matters III. THE 1978 COUNCIL RECOMMENDATION TO THE MEMBER STATES REGARDING THE METHODS FOR ASSESSING POLLUTION CONTROL COSTS IN INDUSTRY IV. FUTURE ACTION

374
374 376 376 376 377 378 379 380

Chapter 11 Research
I. THE FIRST "ENVIRONMENTAL" RESEARCH PROGRAMME (1973-1976) 1. Direct research (JRC) 2. Indirect research (contract actions) II. THE SECOND ENVIRONMENTAL RESEARCH PROGRAMME (1976-1980) 1. Direct research (JRC) 2. Indirect research (contract actions) III. THE THIRD ENVIRONMENTAL RESEARCH PROGRAMME (1980-1985) 1. Direct research (JRC) 2. Indirect research (contract and concerted actions)

381
385 385 386 387 387 387 388 388 389

xiv

CONTENTS 391 391 392 395 395 397 399 399 399 400 400 401 401 402 402

IV. THE FOURTH ENVIRONMENTAL RESEARCH PROGRAMME (1986-1990) 1. Direct research (JRC) 2 Indirect research (contract and concerted actions) V SCIENTIFIC AND TECHNICAL COOPERATION BETWEEN THE COMMUNITY AND THIRD COUNTRIES IN THE AREA OF THE ENVIRONMENT 1. Scientific and technical cooperation (COST) 2. COST agreement: "concerted" Community research actions VI. STEP AND EPOCH 1. STEP 2. EPOCH VII. THIRD FRAMEWORK PROGRAMME 1990-1994 VIII. THE FIFTH ENVIRONMENTAL RESEARCH PROGRAMME (1991-1994) IX. SPECIFIC RESEARCH PROGRAMMES 1. Special research Programme on the recycling of paper and board 2. Special research programme on the recycling of urban and industrial waste 3. REWARD

Chapter 12 International Conventions

I. CONVENTIONS IN THE AREA OF WATER POLLUTION 1. The Paris Convention for the Prevention of Marine Pollution from Land-BasedSources(1974) (a) The implementing programme on the discharge of mercury and cadmium (b) The protocol on atmospheric pollution at sea 2. The Barcelona Convention for the Protection of the Mediterranean Sea against Pollution (1976) (a) The framework Convention and the first protocol for dumping operations (b) The second protocol for cooperation in combating pollution caused by hydrocarbons in emergency situations (c) The third protocol for pollution from land-based sources (d) The fourth protocol for protected areas of the Mediterranean (e) Measures concerning bathing waters and shellfish waters 3. Protection of the waters of the Rhine against pollution (a) Convention for the Protection of the Rhine against Chemical Pollution (b) Convention for the Protection of the Rhine against Salt Pollution (c) Draft Convention for the protection of the Rhine against Thermal Pollution 4. The Magdeburg Convention on the International Commission for the Protection of the Elbe (1990) 5. The Regensburg Cooperation Agreement on the Management of the Waters of the Danube (1980) 6. Convention on the Protection of the Marine Environment of the Baltic Sea (1974) 7. The Convention for the Protection of the Marine Environment and the Coastal Areas of East Africa (1985) 8. The Convention of Cartegena (Colombia) for the Protection and Improvement of the Marine Environment and the Coastal Areas of the Caribbean Region (1983) 9. Protection of the North Sea (a) 1972 Oslo Convention for the Prevention of Sea Pollution by Dumping Operations Carried out by Ships and Aircraft in the North Sea and in the North-East Atlantic (b) 1983 Bonn Agreement for cooperation in dealing with pollution of the North Sea by hydrocarbons and other harmful substances

403
403 403 404 404 405 405 406 406 406 406 407 407 407 408 408 408 408 409 409 409 409 410

CONTENTS 10. The Law ofthe Sea Convention (1982) 11. Maritime Conventions on the safety of shipping (a) The MARPOL Convention (b) The SOLAS Convention (c) Convention No. 147 of the International Labour Office (d) The 1982 Paris Memorandum on "Port State Control" 12. Draft European Convention for the Protection of International Watercourses against Pollution (Strasbourg Convention) II. CONVENTIONS IN THE AREA OF AIR POLLUTION 1. The 1979 Geneva Convention on Long-range Transboundary Air Pollution (a) The 1979 Geneva Convention (b) The 1984 protocol on the financing ofthe programme for monitoring air pollution in Europe (EMEP) (c) The Helsinki protocol on the reduction of sulphur emissions (d) The Sofia Protocol on NOx 2. The 1985 Vienna Convention on the Protection of the Ozone Layer 3. The United Nations Framework Convention on Climate Change III. CONVENTIONS IN THE AREA OF THE PROTECTION OF FLORA AND FAUNA 1. The 1973 Washington Convention on International Trade in Endangered Species of Flora and Fauna 2. The 1979 Berne Convention on the Conservation of the Wildlife of Europe's Natural Environment 3. The 1979 Bonn Convention on the Conservation of Migratory Species of Wild Animals 4. The 1985 Convention of the Council of Europe on the Protection of Vertebrate Animals used for Experimental Purposes 5. Convention on Biological Diversity IV. OTHER CONVENTIONS 1. Proposal for a decision concerning the conclusion of the Convention on Environmental Impact Assessment in a Transboundary Context 2. Basel Convention on Transboundary Movements of Hazardous Waste

xv 410 411 411 411 412 412 412 412 412 412 413 414 414 414 415 417 417 417 418 418 419 419 419 420

Chapter 13 The Integration of Environmental Protection in the Other Community Policies

I. AGRICULTURE AND ENVIRONMENT 1. The first actions carried out within the framework of the three programmes of 1973, 1977 and 1983 2. The global reflection on agriculture and environment: the "green" book of 1985 3. Commission Communication of June 1988 on environment and agriculture 4. The Council directive of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (91/676/EEC) 5. Future action II. FORESTRY AND THE ENVIRONMENT 1. Development ofthe Community's policy 2. Forestry Action Programme (1989-1992) 3. Forest protection (a) Protection of forests against atmospheric pollution (b) Protection of forests against fires 4. Forests as carbon dioxide sinks 5. 5th Environmental Action Programme 6. Other environmental issues III. INDUSTRY AND THE ENVIRONMENT 1. Industry and the internal market

423
423 423 424 426 427 429 432 432 434 434 435 436 437 438 438 439 439

xvi

CONTENTS 439 445 449 450 450 451 453 455 455 456

The 1993 Regulation allowing voluntary participation by companies in the industrial sector in a Community eco-management and audit scheme 3. Council Regulation 92/880(EEC) of 23 March 1992 on a Community eco-label award scheme IV. SOCIAL POLICY AND THE ENVIRONMENT V. THE OTHER POLICIES: REGIONAL, ENERGY, TRANSPORT, CONSUMER PROTECTION 1. Regional policy 2. Energy policy 3. Transport 4. Consumer protection 5. The 1990 Green Paper on the Urban Environment VI. ENVIRONMENTAL EDUCATION

2.

Chapter 14 Environment and Development Aid

I. THE INTERNAL COMMITMENTS OF THE COMMUNITY: RESOLUTIONS OF THE COUNCIL AND THE MEMBER STATES IN THE AREAS OF ENVIRONMENT AND DEVELOPMENT 1. The General Resolution of 1984 on the relationship between environment and development 2. The 1984 Resolution on new forms of cooperation in the area of the environment (Solidarite Eau) 3. The 1984 Resolution on the inclusion of environmental considerations in Community Development Policy 4. The 1986 Resolution on the protection of natural resources and the fight against desertification in Africa 5. Council Regulation on conservation of tropical forests II. EXTERNAL COMMITMENTS OF THE COMMUNITY: THE LOME CONVENTION AND OTHER AGREEMENTS 1. Lome III Convention (1984) 2. Lome IV Convention (1989) 3. The 1992 United Nations Conference on Environment and Development (UNCED) 4. Convention on Climate Change 5. Convention on the Protection of Biodiversity 6. Rio Declaration on Forests 7. Agenda 21 8. Other agreements (a) Cooperation agreements with Mediterranean countries (b) International Conventions (c) The Committee of International Development Institutions on the Environment (CIDIE) (d) The OECD Recommendations on environment and development 9. Central and Eastern Europe (CEE); the former Soviet Union

459
459 459 460 460 461 462 462 462 463 464 465 465 466 466 467 467 467 467 468 468

Chapter 15 The Community and Nuclear Safety

I. NUCLEAR SAFETY BEFORE CHERNOBYL 1. Health protection (a) Community research programme on radiation protection (b) Fixing of Community Standards of health protection from ionizing radiations: the framework directive of 1959 (c) Prior information to the Commission on all discharges of radioactive waste

470
471 471 471 471 472

CONTENTS Protection of the environment (a) Thermal discharges (b) Radioactive wastes (c) The close-down of nuclear power stations 3. The safety of nuclear equipment 4. The transport of radioactive material 5. The control of the use of fissionable materials II. PLANS FOR INCREASED NUCLEAR SAFETY FOLLOWING CHERNOBYL 1. Emergency measures relating to the control of agricultural products 2. The outline Communication of the Commission of 16 June 1986 (a) Health protection (b) Intrinsic and operational safety of installations (c) Emergency procedures (d) International action (e) Research 3. The Communication of the Commission of 20 August 1986 on health protection 4. Council directive 92/3/Euratom of 3 February 1992 on the supervision and control of shipments of radioactive waste between Member States and into and out of the Community 5. The 4th Lome Convention 2.

xvii 472 472 472 473 473 473 474 474 474 475 475 476 476 476 477 477 477 478

Chapter 16 Monitoring of the Implementation of "Environment" directives 482

I. THE ROLE OF THE COMMISSION AND THE COURT OF JUSTICE II. THE SYSTEM FOR CHECKING THE IMPLEMENTATION OF "ENVIRONMENT" DIRECTIVES 1. 91/692/EEC: Council directive of 23 December 1991 standardizing and rationalizing reports on the implementation of certain directives relating to the environment 2. Eleventh annual report to the European Parliament on monitoring the application of Community law - 1993 - the environment 482 484 485 486

Chapter 17 The Place of the Environment in the Single European Act and the Maastricht Treaty 488
I. THE NEW TITLE OF THE "SINGLE ACT" ON THE ENVIRONMENT II. THE "ENVIRONMENT' PROVISIONS IN THE NEW "INTERNAL MARKET' CHAPTER III. THE MAASTRICHT TREATY AND THE ENVIRONMENT IV. SUBSIDIARITY 489 490 493 496

Annex 1 Resolution of the Council of the European Communities and of the representatives of the Governments of the Member States, meeting within the Council of 19 October 1987 on the continuation and implementation of a European Community policy and action programme on the environment (1987-1992) 500 Annex 2 Resolution of the Council and the representatives of the Governments of the Member States, meeting within the Council of 1 February 1993 on a Community programme of policy and action in relation to the environment and sustainable development 507 Index 515