EU ENVIRONMENT & ENERGY POLICIES
(Two interwoven legislative areas)
Written by Nicholas Moussis, a former European Commission adviser and author of several well-known reference works on European issues, EU Environment and Energy Policies provides a comprehensive overview of two sectors destined to dominate political discussions over the next few years. Divided into four chapters, each completed by an annex containing full versions of the key legislative texts mentioned therein, the 660-page work offers an excellent reference instrument for anyone trying to follow developments in these fast-evolving areas of EU policy. To reserve your copy – the title is scheduled for publication at the end of April - simply complete and return the attached order form.
Chapter 1: Introduction to European integration 1
1.1. Introduction to the European Treaties 2
1.2. Introduction to the European Institutions 6
1.3. Introduction to the common policies of the Union 9
1.4. Introduction to the European legal system 10
Chapter 2: EU environment policy 13
2.1. The need for a common environment policy 14
2.2. Common strategy for sustainable development 15
2.2.1. The foundations of the common environment policy 17
2.2.2. The principles of the common environment policy 18
2.2.3. Notification, information and monitoring 21
2.2.4. Environment and other common policies 22
2.2.5. International environmental cooperation 24
2.3. Reduction of pollution and nuisances 25
2.3.1. Quality objectives for European waters 25
2.3.2. Control of discharges into the aquatic environment 27
2.3.3. Effort to combat marine pollution 28
2.3.4. Effort to combat air pollution 29
EU effort to curb climate change 31
2.3.5. Prevention of industrial and chemical hazards 32
2.3.6. Effort to combat noise pollution 34
2.4. Management of environmental resources 35
2.4.1. Protection of flora and fauna 35
2.4.2. Management of waste 37
2.5. Bibliography on EU environment policy 39
Chapter 3: EU Energy Policy 41
3.1. The importance of energy for Europe 42
3.1.1. The 1973 crisis 43
3.1.2. International energy cooperation 43
3.1.3. Community energy strategy 45
3.2. Internal energy market 46
3.2.1. Electricity and gas markets 47
3.2.2. Solid fuel market 49
3.2.3. Nuclear energy market 50
3.2.4. Oil market 52
3.3. EU energy supply 54
3.3.1. Energy objectives and rational energy use 54
3.3.2. Coal supply 55
3.3.3. Supply of nuclear fuels 55
3.3.4. Oil and natural gas supply 56
3.3.5. New technologies and new energy sources 57
3.4. Bibliography on EU Energy Policy 59
Chapter 4: Appraisal and outlook of EU environment and EU energy Policies 61
4.1. Appraisal of the EU environment policy 61
4.2. Appraisal of the EU energy policy 62
4.3. The energy-climate package 63
4.3.1. Improvement of the European Emission Trading System 64
4.3.2. Sharing of the effort to reduce greenhouse gas emissions 66
4.3.3. Promotion of energy from renewable sources 67
4.3.4. The geological storage of carbon dioxide 68
4.3.5. Reducing CO2 emissions from passenger cars 69
4.3.6. Improving fuel quality 69
4.4. Perspectives of the EU environment and energy policies 70
Annexes
Annexes of chapter 1: Introduction to European integration 73
· Annex 1.1.1. The European treaties 73
· Annex 1.1.2. Decision of the Representatives of the Governments of the Member States,
meeting within the Council, of 27 February 2002, on the financial consequences of the
expiry of the ECSC Treaty and on the research fund for coal and steel 74
· Annex 1.1.3. European Community and European Union 84
· Annex 1.1.4. The European institutions 85
Annexes of chapter 2: Environment policy 87
· Annex 2.2.1. Consolidated version of the Treaty establishing the European Community 87
· Annex 2.2.2. Decision No 1600/2002/EC of the European Parliament and of the
Council of 22 July 2002 laying down the Sixth Community Environment
Action Programme 90
· Annex 2.2.3. Regulation (EC) No 614/2007 of the European Parliament and of
the Council of 23 May 2007 concerning the Financial Instrument for the
Environment (LIFE+) 101
· Annex 2.2.4. Directive 2007/2/EC of the European Parliament and of the Council
· of 14 March 2007 establishing an Infrastructure for Spatial Information in the
European Community (INSPIRE) 107
· Annex 2.2.2.1. Communication from the Commission on the precautionary
principle /* COM/2000/0001 final 114
· Annex 2.2.2.2. Consolidated version 25.06.2003. Council Directive of 27 June 1985
on the assessment of the effects of certain public and private projects on the
environment (85/337/EEC) 127
· Annex 2.2.2.3. Directive 2003/35/EC of the European Parliament and of the Council
of 26 May 2003 providing for public participation in respect of the drawing up
of certain plans and programmes relating to the environment 136
· Annex 2.2.2.4. Directive 2001/42/EC of the European Parliament and of the Council
of 27 June 2001 on the assessment of the effects of certain plans and programmes
on the environment 142
· Annex 2.2.2.5. Directive 2004/35/CE of the European Parliament and of the Council
of 21 April 2004 on environmental liability with regard to the prevention and
remedying of environmental damage 147
· Annex 2.2.2.6. Regulation (EC) No 1980/2000 of the European Parliament and of the
Council of 17 July 2000 on a revised Community eco-label award scheme 154
· Annex 2.2.2.7. Regulation (EC) No 761/2001 of the European parliament and of the Council
of 19 March 2001 allowing voluntary participation by organisations in a
Community eco-management and audit scheme (EMAS) 159
· Annex 2.2.2.8. Brussels, 9.2.2007, COM(2007) 51 final. Proposal for a Directive
of the European Parliament and the Council on the protection of the environment
through criminal law 166
· Annex 2.2.3.1. Regulation (EC) No 166/2006 of the European Parliament and of the
Councilof 18 January 2006 concerning the establishment of a European Pollutant
Release and Transfer Register 169
· Annex 2.2.3.2. Directive 2003/4/EC of the European Parliament and of the Council of 28
January 2003 on public access to environmental information 174
· Annex 2.2.4.1. COM(2007) 379 final Small, clean and competitive: A programme to help
small and medium-sized enterprises comply with environmental legislation 178
· Annex 2.2.4.2. Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing
the European Union Solidarity Fund 181
· Annex 2.2.4.3. Council Decision of 8 November 2007 establishing a Community
Civil Protection Mechanism (recast) 183
· Annex 2.3.1. Directive 2008/1/EC of the European Parliament and of the Council of 15 January
2008 concerning integrated pollution prevention and control (Codified version) 188
· Annex 2.3.1.1. Directive 2000/60/EC of the European Parliament and of the Council of 23
October 2000 establishing a framework for Community action in the field of water policy 195
· Annex 2.3.1.2. Directive 2006/118/EC of the European Parliament and of the Council of 12
December 2006 on the protection of groundwater against pollution and deterioration 208
· Annex 2.3.1.3. Council Directive 98/83/EC of 3 November 1998 on the quality of water
intended for human consumption 213
· Annex 2.3.1.4. Directive 2006/7/EC of the European Parliament and of the Council of 15
February 2006 concerning the management of bathing water quality 218
· Annex 2.3.1.5. Directive 2006/44/EC of the European Parliament and of the Council of 6
September 2006 on the quality of fresh waters needing protection or improvement in
order to support fish life 224
· Annex 2.3.2.1. Council Directive of 21 May 1991 concerning urban waste water
treatment (91/271/EEC) 227
· Annex 2.3.2.2. Directive 2006/11/EC of the European Parliament and of the Council of 15
February 2006 on pollution caused by certain dangerous substances discharged into the
aquatic environment of the Community (Codified version) 232
· Annex 2.3.2.3. Regulation (EC) No 648/2004 of the European Parliament and of the Council
of 31 March 2004 on detergents 235
· Annex 2.3.2.4. Council Directive of 20 February 1978 on waste from the titanium dioxide
industry (78/176/EEC) 241
· Annex 2.3.3.1. Directive 2005/35/EC of the European Parliament and of the Council of 7
September 2005 on ship-source pollution and on the introduction of penalties for
infringements 244
· Annex 2.3.4.1. Directive 2008/50/EC of the European Parliament and of the Council of
21 May 2008 on ambient air quality and cleaner air for Europe 247
· Annex 2.3.4.2. Directive 2001/80/EC of the European Parliament and of the Council of 23
October 2001 on the limitation of emissions of certain pollutants into the air from large
combustion plants 257
· Annex 2.3.4.3. Decision No 1753/2000/EC of the European Parliament and of the Council of
22 June 2000 establishing a scheme to monitor the average specific emissions of CO2
from new passenger cars 264
· Annex 2.3.4.4. Council Directive 1999/30/EC of 22 April 1999 relating to limit values for
sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead
in ambient air 267
· Annex 2.3.4.5. Consolidated version 20.11.2003. Directive 98/70/EC of the European Parliament
and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels 271
· Annex 2.3.4.6. Consolidated version 08.08.2008. Directive 2005/55/EC of the European
Parliament and of the Council of 28 September 2005 on the approximation of the laws of the
Member States relating to the measures to be taken against the emission of gaseous and
particulate pollutants from compression-ignition engines for use in vehicles, and the
emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or
liquefied petroleum gas for use in vehicles 275
· Annex 2.3.4.7. Consolidated version 31.07.2007. Regulation (EC) No 2037/2000 of the European
Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer 279
· Annex 2.3.4.8. Consolidated version 01.01.2007. Directive 2001/81/EC of the European
Parliament and of the Council of 23 October 2001 on national emission ceilings for certain
atmospheric pollutants 294
· Annex 2.3.4.9. Directive 2003/87/EC of the European Parliament and of the Council of 13
October 2003 establishing a scheme for greenhouse gas emission allowance trading
within the Community 299
· Annex 2.3.4.10.Decision No 280/2004/EC of the European Parliament and of the Council of
11 February 2004 concerning a mechanism for monitoring Community greenhouse gas
emissions and for implementing the Kyoto Protocol 307
· Annex 2.3.5.1. Consolidated version 31.12.2003. Council Directive 96/82/EC of 9 December
1996 on the control of major-accident hazards involving dangerous substances 312
· Annex 2.3.5.2. Council Directive of 27 June 1967 on the approximation of laws, regulations
and administrative provisions relating to the classification, packaging and labelling of
dangerous substances (67/548/EEC) 322
· Annex 2.3.6.1. Regulation (EC) No 216/2008 of the European Parliament and of the Council
of 20 February 2008 on common rules in the field of civil aviation and establishing a
European Aviation Safety Agency 325
· Annex 2.3.6.2. Council Directive of 4 December 1989 on the limitation of noise emission
from civil subsonic jet aeroplanes (89/629/EEC) 332
· Annex 2.3.6.3. Directive 2006/93/EC of the European Parliament and of the Council of 12
December 2006 on the regulation of the operation of aeroplanes covered by Part II,
Chapter 3, Volume 1 of Annex 16 to the Convention on International Civil Aviation 333
· Annex 2.3.6.4. Directive 2002/30/EC of the European Parliament and of the Council of 26
March 2002 on the establishment of rules and procedures with regard to the introduction
of noise-related operating restrictions at Community airports 334
· Annex 2.3.6.5. Directive 2000/14/EC of the European Parliament and of the Council of 8 May
2000 on the approximation of the laws of the Member States relating to the noise
emission in the environment by equipment for use outdoors 338
· Annex 2.3.6.6. Directive 2002/49/EC of the European Parliament and of the Council of 25
June 2002 relating to the assessment and management of environmental noise 351
· Annex 2.4.1.1. Consolidated version 01.01.2007. Council Directive 92/43/EEC of 21 May
1992 on the conservation of natural habitats and of wild fauna and flora 355
· Annex 2.4.1.2. Consolidated version 01.01.2007. Council Directive of 2 April 1979 on the
conservation of wild birds (79/409/EEC) 361
· Annex 2.4.2.1. Directive 2000/76/EC of the European Parliament and of the Council of 4
December 2000 on the incineration of waste 365
· Annex 2.4.2.2. Directive 2006/12/EC of the European Parliament and of the Council of 5
April 2006 on waste 375
· Annex 2.4.2.3. Consolidated version 05.04.2005. European Parliament and Council Directive
94/62/EC of 20 December 1994 on packaging and packaging waste 379
· Annex 2.4.2.4. Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste 386
· Annex 2.4.2.5. Consolidated version 24.02.2006. Council Directive of 12 December 1991
on hazardous waste (91/689/EEC) 393
· Annex 2.4.2.6. Consolidated version 21.03.2008. Directive 2002/96/EC of the European
Parliament and of the Council of 27 January 2003 on waste electrical and electronic
equipment 395
· Annex 2.4.2.7. Consolidated version 20.03.2008. Directive 2006/66/EC of the European
Parliament and of the Council of 6 September 2006 on batteries and accumulators and
waste batteries and accumulators 401
Annexes of chapter 3: Energy policy 409
· Annex 3.1.1. Council Regulation No 736/96 of 22 April 1996 on notifying the Commission
of investment projects of interest to the Community in the petroleum, natural gas and
electricity sectors 409
· Annex 3.1.2.1. Agreement on an international energy program (Amended 25/09/2008) 411
· Annex 3.1.2.2. Agreement for cooperation between the European Atomic Energy
Community and the Government of the Russian Federation in the field of controlled
nuclear fusion 422
· Annex 3.1.2.3. Agreement for cooperation between the European Atomic Energy
Community and the Government of the Russian Federation in the field of nuclear safety 425
· Annex 3.1.2.4. The Energy Charter Treaty 428
· Annex 3.1.2.5. Annex 3. Energy Charter Protocol on energy efficiency and related
environmental aspects 438
· Annex 3.1.2.6. Council Decision of 29 May 2006 on the conclusion by the European
Community of the Energy Community Treaty (2006/500/EC) 442
· Annex 3.1.3.1. Decision No 1639/2006/EC of the European Parliament and of the Council
of 24 October 2006 establishing a Competitiveness and Innovation Framework
Programme (2007 to 2013) 452
· Annex 3.1.3.2. Communication from the Commission to the European Council and the
European Parliament. An energy policy for Europe. COM(2007) 1 final 454
· Annex 3.2.1. Council Regulation No 736/96 of 22 April 1996 on notifying the Commission
of investment projects of interest to the Community in the petroleum, natural gas and
electricity sectors 467
· Annex 3.2.1.1. Consolidated version 23.01.2008. Directive 2003/54/EC of the European
Parliament and of the Council of 26 June 2003 concerning common rules for the internal
market in electricity and repealing Directive 96/92/ECONOMIC 469
· Annex 3.2.1.2. Directive 2003/55/EC of the European Parliament and of the Council of 26
June 2003 concerning common rules for the internal market in natural gas 486
· Annex 3.2.1.3. Regulation (EC) No 1228/2003 of the European Parliament and of the
Council of 26 June 2003 on conditions for access to the network for cross-border
exchanges in electricity 492
· Annex 3.2.1.4. Directive 2005/89/EC of the European Parliament and of the Council of 18
January 2006 concerning measures to safeguard security of electricity supply and
infrastructure investment 498
· Annex 3.2.1.5. Regulation (EC) No 1775/2005 of the European Parliament and of the Council
of 28 September 2005 on conditions for access to the natural gas transmission networks 501
· Annex 3.2.1.6. Directive 2008/92/EC of the European Parliament and of the Council of 22
October 2008 concerning a Community procedure to improve the transparency of gas
and electricity prices charged to industrial end-users (recast) 505
· Annex 3.2.1.7. Decision No 1364/2006/EC of the European Parliament and of the Council of
6 September 2006 laying down guidelines for trans-European energy networks 506
· Annex 3.2.2.1. Consolidated version 01.01.2007. Council Regulation (EC) No 1407/2002 of
23 July 2002 on State aid to the coal industry 510
· Annex 3.2.3.1. Commission Regulation (Euratom) No 302/2005 of 8 February 2005 on the
application of Euratom safeguards 514
· Annex 3.2.3.2. Convention on Nuclear Safety 525
· Annex 3.2.3.3. Agreement for cooperation in the peaceful uses of nuclear energy between
the European Atomic Energy Community and the United States of America
(96/314/Euratom) 532
· Annex 3.2.3.4. Council Directive 2006/117/Euratom of 20 November 2006 on the
supervision and control of shipments of radioactive waste and spent fuel 543
· Annex 3.2.3.5. Consolidated version 01.01.2007. Council Decision of 29 March 1977
empowering the Commission to issue Euratom loans for the purpose of contributing to
the financing of nuclear power stations (77/270/Euratom) 550
· Annex 3.2.3.6. Council Regulation (Euratom) No 300/2007 of 19 February 2007
establishing an Instrument for Nuclear Safety Cooperation 552
· Annex 3.3.1.1. Directive 2006/32/EC of the European Parliament and of the Council of
5 April 2006 on energy end-use efficiency and energy services 558
· Annex 3.3.1.2. Communication from the Commission Action Plan for Energy Efficiency:
Realising the Potential. Com (2006) 545 final. 564
· Annex 3.3.3.1. Council Directive 2006/67/EC of 24 July 2006 imposing an obligation on
Member States to maintain minimum stocks of crude oil and/or petroleum products 576
· Annex 3.3.3.2. Council Decision of 7 November 1977 on the setting of a Community target
for a reduction in the consumption of primary sources of energy in the event of
difficulties in the supply of crude oil and petroleum products (77/706/EEC) 579
· Annex 3.3.3.3. Council Directive 2004/67/EC, of 26 April 2004 concerning measures to
safeguard security of natural gas supply 580
· Annex 3.3.3.4. Directive 94/22/EC of the European Parliament and of the Council of 30 May
1994 on the conditions for granting and using authorizations for the prospection,
exploration and production of hydrocarbons 584
· Annex 3.3.3.5. Consolidated version 20.11.2003. Directive 98/70/EC of the European
Parliament and of the Council of 13 October 1998 relating to the quality of petrol and
diesel fuels and amending Council Directive 93/12/EEC 589
· Annex 3.3.5.1. Council Decision of 19 December 2006 concerning the specific programme
"Cooperation" implementing the Seventh Framework Programme of the European
Community for research, technological development and demonstration activities 594
· Annex 3.3.5.2. Directive 2001/77/EC of the European Parliament and of the Council of 27
September 2001 on the promotion of electricity produced from renewable energy
sources in the internal electricity market 601
· Annex 3.3.5.3. Directive 2003/30/EC of the European Parliament and of the Council of 8 May
2003 on the promotion of the use of biofuels or other renewable fuels for transport 604
Annexes of Chapter 4: appraisal and outlook of environment and energy
policies 607
· Annex 4.2. COM(2008) 30 final. Communication from the Commission. 20 20 by 2020,
Europe's climate change opportunity 607
· Annex 4.3.1. COM(2008) 16 final. Proposal for a Directive of the European Parliament
and of the Council amending Directive 2003/87/EC so as to improve and extend the
greenhouse gas emission allowance trading system of the Community 614
· Annex 4.3.1.1. Directive of the European Parliament and of the Council of 19 November
2008 amending Directive 2003/87/EC so as to include aviation activities in the scheme
for greenhouse gas emission allowance trading within the Community 622
· Annex 4.3.2. COM(2008) 17 final. Proposal for a decision of the European Parliament and
of the Council on the effort of Member States to reduce their greenhouse gas emissions
to meet the Community's greenhouse gas emission reduction commitments up to 2020 630
· Annex 4.3.3. COM(2008) 19 final. Proposal for a Directive of the European Parliament and
of the Council on the promotion of the use of energy from renewable sources 633
· Annex 4.3.4. COM(2008) 18 final. Proposal for a Directive of the European Parliament and
of the Council on the geological storage of carbon dioxide and amending Council Directives
85/337/EEC, 96/61/EC, Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC and
Regulation (EC) No 1013/2006 644
· Annex 4.3.5. COM(2007) 856 final. Proposal for a Regulation of the European Parliament
and of the Council Setting emission performance standards for new passenger cars as
part of the Community's integrated approach to reduce CO2 emissions from light-duty
vehicles 655
· Annex 4.3.6. COM(2007) 18 final. Proposal for a Directive of the European Parliament and
of the Council amending Directive 98/70/EC as regards the specification of petrol, diesel
and gas-oil and introducing a mechanism to monitor and reduce greenhouse gas
emissions from the use of road transport fuels and amending Council Directive
1999/32/EC, as regards the specification of fuel used by inland waterway vessels and
repealing Directive 93/12/EEC 659
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