Environmental Law in Europe

Name: Environmental Law in Europe
Brand: Kluwer Law International
Price: 506.99 EUR
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N. S. J. Koeman(Herausgeber*in)

Kluwer Law International (Verlag)

Erschienen am 1. Oktober 1999

708 Seiten

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Beschreibung

The significant differences between the environmental legal systems throughout the European Union, together with a scarcity of national environmental law literature written in English, have until now made it difficult to achieve a ready understanding of environmental law and policy in Europe.

This work opens with a practical overview of environmental policy and legal procedures in the European Union, and goes on to examine the environmental system in each of the Member States. The 15 country chapters, uniformly structured for easy reference, are each divided into two parts. The first section, contributed by a leading academic, covers the general environmental legislative and regulatory system of each country. The second is written by a practising environmental lawyer and deals with practical aspects of environmental law relevant to commerce and industry. This section aims to answer questions frequently asked by companies and their advisers, and includes discussion of issues relating to the start up of new companies, change of company activities, mergers and takeovers, environmental licences, environmental impact assessment reports, and enforcement procedures.

This book offers a useful insight into the main structures and procedures of environmental law in the European Union, and will be a valuable reference work for company lawyers, corporate managers, researchers and environmental specialists alike.

The editor is Director of the Centre for Environmental Law at the University of Amsterdam and a partner at Stibbe Simont Monahan Duhot, Amsterdam.

Contents
Preface
About the Authors

- 1. European Environmental Law, Laurens Jan Brinkhorst

- 2. Litigation in Europe, James Flynn

- 3. Austria, Heinz Mayer, Christian Schmelz and Walter Schwartz

- 4. Belgium, Kurt Deketelaere, Michael Faure and Vera van Houtte

- 5. Denmark, Ellen Margrethe Basse and Jens Andersen-Møller

- 6. Finland, Pekka Vihervuori, Kaj Swanljung and Isabella Riska

- 7. France, Jacqueline Dutheil de la Rochère and Nicolas Vivien

- 8. Germany, Kay Artur Pape and Kerrin Schillhorn

- 9. Greece, George Papadimitriou, Maria Florou and Dimitris J. Zepos

- 10. Ireland, Barbara Maguire and David J. Pearson

- 11. Italy, Franco Gianpietro and Andrea Mazziotti di Celso

- 12. Luxembourg, Roger Nothar

- 13. The Netherlands, Niels S.J. Koeman and Jaap E.M. Polak

- 14. Portugal, Diogo Freitas do Amaral, Pedro Garcia Marques and Teresa Morais Leitão

- 15. Spain, Ramón Martin Mateo and Carlos de Miguel Perates

- 16. Sweden, Marianne Steneroth Sillén and Rose-Marie Lundström

- 17. United Kingdom, Brian Jones and Jonathan Isted

List of Authors
Index

Weitere Details

Weitere Ausgaben

Inhalt

Cover
Half Title Page
Title Page
Copyright Page
Table of Contents
Preface
About the Authors
1. European Environmental Law: an Introduction
1. GENERAL AND INSTITUTIONAL QUESTIONS
1.1 European Environmental Law as a Framework
1.2 From Rome to Amsterdam
1.3 Bases for Environmental Action
1.4 Decision-Making
1.5 Finance
1.6 Minimum Harmonisation: Relationship with National Law
1.7 Implementation and Enforcement
1.8 Role of the European Parliament
2. SUBSTANTIVE LEGISLATION
2.1 Horizontal Regulatory Action
2.1.1 Eco-management and audit scheme
2.1.2 Eco-labelling
2.1.3 Voluntary agreements and civil liability
2.1.4 IPPC Directive
2.2 Main Sectoral Legislation
2.2.1 Air
2.2.2 Water
2.2.3 Waste
2.3 Risks and Accidents
2.3.1 Environmental impact assessment (EIA)
2.3.2 Major accident hazards
2.3.3 Classification, packaging and labelling of dangerous substances and preparations
2.3.4 Use and marketing of dangerous substances and preparations
2.3.5 Pesticides and biocidal products
2.3.6 External environmental legislation
3. CONCLUDING REMARKS
2. Litigation in Europe
1. INTRODUCTION
2. ROLE AND COMPOSITION OF THE ECJ
3. ROLE AND COMPOSITION OF THE CFI
4. TYPES OF ACTION BEFORE THE ECJ
4.1 Direct Actions
4.2 Indirect Actions
5. ACCESS TO THE ECJ
5.1 EC Institutions
5.2 Governments
5.3 Private Parties
5.4 Conclusion
6. METHODS OF INTERPRETATION
7. THE PRIMACY OF EC LAW AND REMEDIES FOR BREACH
3. Environmental Law in Austria
A. THE ENVIRONMENTAL LAW SYSTEM
1. STRUCTURE OF PUBLIC BODIES (IN PARTICULAR POWERS OF THE VARIOUS AUTHORITIES)
1.1 Austria as a Federal State
1.2 Main Categories of Competence Allocation
1.2.1 Federal legislation and enforcement
1.2.2 Legislation at federal level - enforcement at state level
1.2.3 Federal authority to issue general policy laws
1.2.4 The general clause in favour of the states
1.3 Sources of Law
1.4 Legality of Administration (Principle of Legality)
1.5 Enforcement of Laws
1.5.1 Direct federal administration
1.5.2 Indirect federal administration
1.5.3 Enforcement at state level
1.5.4 Enforcement at municipal level
2. MAIN FEATURES OF THE LITIGATION SYSTEM
3. MAIN FEATURES OF ENVIRONMENTAL POLICY
4. ENVIRONMENTAL LAW LEGISLATION (GENERAL)
4.1 The Constitution
4.1.1 The Federal Constitutional Act on comprehensive environmental protection
4.1.2 Allocation of environmental law competence
4.2 Other Statutes
4.2.1 General
4.2.2 Summary of environmental laws
4.2.3 Substantive content of the most significant environmental laws
4.3 Main Powers of the Various Authorities
4.4 Main Principles of Environmental Law Legislation
5. EFFECT OF EC ENVIRONMENTAL LAW IN LEGISLATION AND ADJUDICATION
5.1 Legislation
5.2 Adjudication
6. CIVIL LAW LIABILITY (NON-CONTRACTUAL)
6.1 General System
6.2 Special Environmental Law Liabilities
6.3 Liability in a Company Law Context
6.4 Which Damage Qualifies for Compensation?
B. PRACTICAL QUESTIONS OF ENVIRONMENTAL LAW
7. STARTING A NEW COMPANY
7.1 When is an Environmental Licence Required?
7.1.1 Trade Act
7.1.2 Water Rights Act
7.1.3 Clean Air Act for Boiler Plants
7.1.4 Waste Management Act
7.1.5 Forestry Act
7.2 Main Features of a Licensing Procedure
7.2.1 Applications
7.2.2 Experts
7.2.3 Principle of the installation forming a unit as defined by trade law
7.2.4 Course of administrative procedure
7.3 Competent Authorities
7.3.1 Direct federal administration
7.3.2 Indirect federal administration
7.3.3 Administration by the states
7.3.4 Administration by municipalities
7.4 Participation by Applicant and Others in Decision-Making
7.5 Duration of the Licensing Procedure
7.6 Costs of the Licensing Procedure
7.7 Chances of Obtaining the Licence
7.8 Assessment Criteria by Competent Authorities
7.9 Regulations to be Expected
7.10 Terms of the Licence
8. LEGAL PROTECTION WITH REGARD TO ENVIRONMENTAL LICENCE
8.1 Who can Appeal?
8.2 To which Authorities?
8.2.1 Constitutional Court
8.2.2 Administrative Court
8.3 Time Limits on Appeals
8.4 Main Features of Appeal Procedure
8.5 Are Appeals Lodged Often?
8.6 Risks of Appeal Procedure for the Licensee
9. CHANGE OF COMPANY ACTIVITIES
9.1 When is a Licence Necessary?
9.1.1 Trade Act
9.1.2 Water Rights Act
9.1.3 Clean Air Act for Boiler Plants
9.1.4 Waste Management Act
9.1.5 Forestry Act
9.2 What are the Differences Compared to Starting a New Company?
10. LEGAL PROTECTION IN THE EVENT OF CHANGE OF COMPANY ACTIVITIES
11. ENVIRONMENTAL IMPACT ASSESSMENT
11.1 When is an Environmental Impact Assessment Required?
11.2 Main Features of the Procedure
11.3 Duration of the Procedure
11.4 Costs
12. ENFORCEMENT
12.1 Possibilities of Enforcement
12.2 Risks for Companies and Directors
12.3 Enforcement in Practice
13. SOIL POLLUTION
13.1 The Issues Listed
13.2 Can the Government Enforce a Clean-up?
13.3 Can Third Parties Enforce This?
13.4 Financial Risks
14. MERGER AND TAKE-OVER
14.1 The Environmental Issues in the Event of a Take-over
14.2 Solutions in Practice
14.3 Sale/Purchase of Polluted Real Property
4. Environmental Law in Belgium
A. THE ENVIRONMENTAL LAW SYSTEM
INTRODUCTION: BELGIUM, THE FLEMISH REGION IN PARTICULAR
1. STRUCTURE OF THE PUBLIC BODIES AND THEIR COMPETENCES
1.1 Brief Overview of Public Bodies with Legislative Competence
1.2 Competences for Environmental Policy
2. MAIN FEATURES OF THE LITIGATION SYSTEM
2.1 Court of Arbitration
2.2 Administrative Procedures and the Council of State
2.3 Judiciary
3. MAIN FEATURES OF ENVIRONMENTAL POLICY
4. ENVIRONMENTAL LAW LEGISLATION (GENERAL)
4.1 The Constitution
4.2 Other Statutes
4.3 Main Powers of the Various Authorities
4.4 Main Instruments of Environmental Law Legislation
4.4.1 Instruments of social regulation
4.4.2 Financial instruments
4.4.3 Planning
5. LEGISLATION WITH RESPECT TO SOIL POLLUTION AND WASTE
5.1 Liability for Soil Clean-up in Flanders
5.1.1 Waste Decree of 2 July 1981
5.1.2 Soil Clean-up Decree of 22 February 1995
5.2 Public Law Liability
5.2.1 New pollution
5.2.2 Historic pollution
5.2.3 Decontamination ex officio and criminal sanctions
6. THE EFFECT OF EC ENVIRONMENTAL LAW ON LEGISLATION AND ADJUDICATION
6.1 Effect of EC Environmental Law on Legislation
6.2 Effect of EC Environmental Law on Adjudication
7. CIVIL LIABILITY
7.1 General System
7.1.1 Key elements of tort law
7.1.2 Claim-far-suspension procedure
7.2 Special Environmental Law Liabilities
7.3 Liability in a Company Law Context
7.3.1 Piercing the corporate veil
7.3.2 Liability of directors
7.4 Which Damage Qualifies for Compensation?
B. PRACTICAL QUESTIONS OF ENVIRONMENTAL LAW
8. STARTING A NEW COMPANY
8.1 When is an Environmental Licence Required?
8.1.1 Flanders
8.1.2 Brussels
8.1.3 Wallony
8.2 Main Features of the Licensing Procedure
8.3 Competent Authorities
8.3.1 Flanders
8.3.2 Brussels
8.4 Participation by the Applicant and Others in Decision-making
8.4.1 Participation by applicant
8.4.2 Participation by others
8.5 Duration
8.5.1 Flanders
8.5.2 Brussels
8.6 Costs of the Licensing Procedure
8.6.1 Flanders
8.6.2 Brussels
8.7 Chances of Obtaining the Licence
8.8 Assessment Criteria by Competent Authorities
8.9 Regulations to be Expected
8.10 Term of the Licence
8.10.1 Flanders
8.10.2 Brussels
9. LEGAL PROTECTION WITH REGARD TO ENVIRONMENTAL LICENCES
9.1 Who can Appeal?
9.1.1 Flanders
9.1.2 Brussels
9.2 To which Authorities?
9.2.1 Flanders
9.2.2 Brussels
9.3 Time Limits
9.3.1 Flanders
9.3.2 Brussels
9.4 Main Features of the Appeal Procedure
9.4.1 Flanders
9.4.2 Brussels
9.5 What are the Powers of the Appellate Body?
10. CHANGE OF COMPANY ACTIVITIES
10.1 When is a Licence Necessary?
10.2 What are the Differences Compared to Starting a New Company?
10.2.1 Change in the classification lists
10.2.2 Change in the licensed activities and installations
10.2.3 New operator
11. LEGAL PROTECTION IN THE EVENT OF CHANGE OF COMPANY ACTIVITIES
12. ENVIRONMENTAL IMPACT ASSESSMENT
12.1 When is an Environmental Impact Assessment Required?
12.1.1 Flanders
12.1.2 Brussels
12.2 Main Features of the Procedure
12.2.1 Flanders
12.2.2 Brussels
12.2.3 The federal level
12.3 Duration of the Procedure
12.3.1 Flanders
12.3.2 Brussels
13. ENFORCEMENT
13.1 Possibilities of Enforcement
13.1.1 Criminal liability
13.1.2 Administrative sanctions
13.1.3 Civil law liability
13.1.4 So-called objective liability
13.1.5 Citizen suits (the federal statute of 13 January 1993, granting legal access to environmental protection groups)
13.2 Risks for Companies and Directors
13.3 Enforcement in Practice
14. SOIL POLLUTION
14.1 Flanders
14.2 Brussels
14.3 Wallony
15. MERGER AND TAKE-OVER
15.1 Environmental Issues in the Event of a Take-over
15.2 Solutions in Practice
15.3 Sale/Purchase of Polluted Real Property
REFERENCES
5. Environmental Law in Denmark
A. THE ENVIRONMENTAL LAW SYSTEM
1. STRUCTURE OF PUBLIC BODIES
2. MAIN FEATURES OF THE LITIGATION SYSTEM
3. MAIN FEATURES OF ENVIRONMENTAL POLICY
4. ENVIRONMENTAL LAW LEGISLATION
4.1 The Constitution
4.2 Other Statutes
4.3 Main Powers of Various Authorities
4.4 Main Principles of Environmental Law Legislation
5. LEGISLATION WITH RESPECT TO SOIL POLLUTION AND WASTE
6. EFFECT OF EC ENVIRONMENTAL LAW IN LEGISLATION AND LITIGATION SYSTEMS
7. CIVIL LAW LIABILITY
7.1 General System
7.2 Special Environmental Law Liability
7.3 Liability in a Company Law Context
7.4 Which Damage Qualifies for Compensation?
B. PRACTICAL QUESTIONS OF ENVIRONMENTAL LAW
8. STARTING A NEW ENTERPRISE
8.1 When is an Environmental Approval Required?
8.2 Main Features of an Approval Procedure
8.2.1 The location of the activity
8.2.2 The establishment of the activity
8.2.3 Layout and operation
8.2.4 Cleaner technology
8.2.5 The pollution of the activity
8.3 Competent Authorities
8.4 Participation by Applicant and Other Parties in the Decision-making
8.5 Duration of the Approval Procedure
8.6 Costs of the Approval Procedure
8.7 Chances of Obtaining Approval
8.8 Assessment Criteria by Competent Authorities
8.9 Regulations to be Expected
8.10 Terms of the Approval
9. LEGAL PROTECTION WITH REGARD TO AN ENVIRONMENTAL APPROVAL
9.1 Who can Appeal?
9.2 To which Authorities?
9.3 Time Limits on Appeals
9.4 Main Features of the Appeal Procedure
9.5 Are Appeals Lodged Often?
9.6 What are the Powers of the Appellate Body?
9.7 Risks in Appeal Procedure for the Applicant
10. CHANGE OF ACTIVITIES
10.1 When is an Approval Necessary?
10.2 What are the Differences Compared with Starting a New Activity?
11. LEGAL PROTECTION IN THE EVENT OF A CHANGE IN ACTIVITIES
11.1 What are the Differences Compared with the Legal Protection Obtained when an Approval is Granted for a New Activity?
12. ENVIRONMENTAL IMPACT ASSESSMENT
12.1 When is an Environmental Impact Assessment Required?
12.2 Main Features of the Procedure
12.3 Duration of the Procedure
12.4 Costs
13. ENFORCEMENT
13.1 Possibilities of Enforcement
13.1.1 Administrative law
13.1.2 Criminal law
13.1.3 Civil law
13.2 Risk for Companies and Directors
13.3 Enforcement in Practice
14. SOIL POLLUTION
14.1 The Issues Listed
14.2 Can the Authorities Enforce a Clean-up?
14.3 Can Third Parties Enforce This?
14.4 Financial Risk
15. MERGER AND TAKE-OVER
15.1 The Environmental Issues in the Event of a Take-over
15.2 Solution in Practice
15.3 Sale/Purchase of Polluted Land
6. Environmental Law in Finland
A. THE ENVIRONMENTAL LAW SYSTEM
1. STRUCTURE OF PUBLIC BODIES
2. MAIN FEATURES OF THE LITIGATION SYSTEM
3. MAIN FEATURES OF ENVIRONMENTAL POLICY
4. ENVIRONMENTAL LAW LEGISLATION (GENERAL)
4.1 The Constitution
4.2 Other Statutes
4.3 Main Powers of the Various Authorities
4.3.1 Environmental impact assessment
4.3.2 Licence mechanisms
4.3.3 Administrative enforcement
4.3.4 Criminal sanctions
4.4 Main Principles of Environmental Law Legislation
5. LEGISLATION WITH RESPECT TO SOIL POLLUTION AND WASTE
6. EFFECT OF EC ENVIRONMENTAL LAW IN LEGISLATION AND ADJUDICATION
7. CIVIL LAW LIABILITY (NON-CONTRACTUAL)
7.1 General System
7.2 Special Environmental Law Liabilities
7.3 Liability in a Company Law Context
7.4 Which Damage Qualifies for Compensation?
7.5 Secondary Liability for Environmental Damage
B. PRACTICAL QUESTIONS OF ENVIRONMENTAL LAW
8. STARTING A NEW COMPANY
8.1 When is an Environmental Licence Required?
8.2 Main Features of the Licensing Procedure
8.3 Competent Authorities
8.4 Participation by Applicant and Others in Decision-making
8.5 Duration of the Licensing Procedure
8.6 Costs of the Licensing Procedure
8.7 Chances of Obtaining the Licence
8.8 Assessment Criteria by Competent Authorities
8.9 Regulations to be Expected
8.10 Term of the Licence
9. LEGAL PROTECTION WITH REGARD TO ENVIRONMENTAL LICENCE
9.1 Who can Appeal?
9.2 To which Authorities?
9.3 Time Limits on Appeals
9.4 Main Features of Appeal Procedure
9.5 Are Appeals Lodged Often?
9.6 What are the Powers of the Appellate Body?
9.7 Risks of Appeal Procedure for the Licensee
10. CHANGE OF COMPANY ACTIVITIES
10.1 When is a Licence Necessary?
10.2 What are the Differences Compared to Starting a New Company?
11. LEGAL PROTECTION IN THE EVENT OF CHANGE OF COMPANY ACTIVITIES
11.1 What are the Differences Compared to Legal Protection Obtained when a Licence is Granted for a New Company?
12. ENVIRONMENTAL IMPACT ASSESSMENT
12.1 When is an Environmental Impact Assessment Required?
12.2 Main Features of the Procedure
12.3 Duration of the Procedure
12.4 Costs
13. ENFORCEMENT
13.1 Possibilities of enforcement
13.2 Risks for Companies and Directors
13.3 Enforcement in Practice
14. SOIL POLLUTION
14.1 The Issues Listed
14.2 Can the Government Enforce a Clean-up?
14.3 Can Third Parties Enforce This?
14.4 Financial Risks
14.5 Solutions
15. MERGER AND TAKE-OVER
15.1 The Environmental Issues in the Event of a Take-over
15.2 Solutions in Practice
15.3 Sale/Purchase of Polluted Real Property
REFERENCES
7. Environmental Law in France
A. THE ENVIRONMENTAL LAW SYSTEM
1. PUBLIC BODIES INVOLVED
1.1 Central Administration
1.2 Regional and Local Level
1.2.1 Decentralised governmental services
1.2.2 Local government bodies
1.3 Specialised Agencies
1.3.1 National level
1.3.2 Local level
2. MAIN FEATURES OF THE LITIGATION AND COURT SYSTEM
2.1 Criminal Law and Prosecution for Criminal Offences
2.1.1 Who may be held liable?
2.1.2 How is prosecution started?
2.1.3 Status of environmental groups and societies
2.1.4 Status of public bodies and entities
2.1.5 Sanctions
2.2 Administrative Law and Courts
2.2.1 Special offences for the protection of the public domain
2.2.2 Administrative sanctions
2.2.3 Administrative fines
3. MAIN FEATURES OF ENVIRONMENTAL POLICY
4. ENVIRONMENTAL LEGISLATION (GENERAL APPROACH)
4.1 The Constitution
4.2 Statute Laws
4.2.1 Principles of waste processing and elimination
4.2.2 Statutory action against noise
4.2.3 French water policy
4.2.4 Protection and promotion of landscape in France
4.3 Main Powers of the Various Authorities
4.4 Main Principles of Environmental Law Legislation
4.4.1 Protection of the environment and general interest
4.4.2 Principle of prevention
4.4.3 Due information and participation of citizens
4.4.4 The 'polluter pays' principle under French law
5. LEGISLATION WITH RESPECT TO SOIL POLLUTION AND WASTE
6. EFFECT OF EC ENVIRONMENTAL LAW IN LEGISLATION AND ADJUDICATION
6.1 Difficulties in Implementing EC Directives
6.2 Reference to EC Environmental Law in French National Courts
7. CIVIL LAW LIABILITY (TORTS OR NON-CONTRACTUAL)
7.1 General System
7.1.1 Fault or negligence
7.1.2 Strict liability of the possessor (détenteur) of goods
7.1.3 The theory of neighbourhood nuisances (troubles du voisinage)
7.2 Special Environmental Law Liabilities
7.3 Liability in Company Law Context
7.4 Which Damages Qualify for Compensation?
7.4.1 The concept of environmental damage
7.4.2 Compensation principles
B. PRACTICAL QUESTIONS OF ENVIRONMENTAL LAW
8. STARTING A NEW COMPANY
8.1 When is an Environmental Licence Required?
8.1.1 The operator's right over the property
8.1.2 The intended activity
8.1.3 The impact of the activity
8.2 Main Features of the Licensing Procedure
8.2.1 Main features of the licensing procedure for an authorisation
8.2.2 Main features of the declaration procedure
8.3 Competent Authorities
8.4 Participation by the Applicant and Others in the Decision-making
8.5 Duration of the Licensing Procedure
8.6 Costs of the Licensing Procedure
8.7 Chances of Obtaining the Licence
8.8 Assessment Criteria by Competent Authorities
8.9 Form of the Licence and Amendments Thereto
8.10 Term of the Licence
9. LEGAL PROTECTION WITH REGARD TO ENVIRONMENTAL LICENCE
9.1 Appeal to Administrative Courts
9.1.1 Special administrative appeal regarding matters involving CIs
9.1.2 Ordinary review process of administrative action
9.1.3 Liability of public authorities
9.2 Risk of Appeal Procedure for the Licensee
9.3 Claims Before Civil Courts
9.4 Claims Before Criminal Courts
10. CHANGE IN COMPANY ACTIVITIES
10.1 Modification and Extension of the Company's Activity
10.2 Suspension of Activities
10.2.1 Interruption during two years or more
10.2.2 Interruptions caused by operational accidents
10.3 Change of the Installation's Operator
10.3.1 Declaration of change
10.3.2 Change of operator requiring an authorisation
10.4 Termination of the Activities
11. LEGAL PROTECTION IN THE EVENT OF CHANGE OF COMPANY ACTIVITIES
12. ENVIRONMENTAL IMPACT ASSESSMENT
12.1 When is an Environmental Impact Assessment Required?
12.2 Main Features of the Procedure
12.3 Duration of the Procedure
12.4 Costs
13. ENFORCEMENT
13.1 Possibilities of Enforcement
13.1.1 Administrative sanctions
13.1.2 Criminal sanctions
13.2 Risks for Companies and Directors
13.2.1 Risk for directors
13.2.2 Risk for companies
13.3 Enforcement in Practice
13.3.1 Administrative sanctions
13.3.2 Criminal sanctions
14. SOIL POLLUTION
14.1 The Issues Listed
14.1.1 The national inventory of contaminated sites
14.1.2 The legal obligation to rehabilitate the site
14.2 Can the Government Enforce a Clean-up?
14.2.1 Upon closure of the site
14.2.2 Upon the occurrence of an accident
14.3 Can Third Parties Enforce This?
14.4 Financial Risks
14.5 Solutions
15. MERGERS AND TAKE-OVERS
15.1 Environmental Issues in the Event of a Take-over
15.1.1 As part of a share deal
15.1.2 As part of an asset deal
15.2 Solutions in Practice
15.2.1 Environmental audits
15.2.2 Representations and warranties
15.3 Sale/Purchase of Polluted Real Property
8. Environmental Law in the Federal Republic of Germany
A. THE ENVIRONMENTAL LAW SYSTEM
1. STRUCTURE OF PUBLIC BODIES (IN PARTICULAR POWERS OF THE VARIOUS AUTHORITIES)
2. MAIN FEATURES OF THE LITIGATION SYSTEM
3. MAIN FEATURES OF ENVIRONMENTAL POLICY
4. ENVIRONMENTAL LAW LEGISLATION (GENERAL)
4.1 The Constitution
4.2 Other Statutes
4.3 Main Powers of the Various Authorities
4.4 Main Principles of Environmental Law Legislation
5. LEGISLATION WITH RESPECT TO SOIL POLLUTION AND WASTE
6. EFFECT OF EC ENVIRONMENTAL LAW IN LEGISLATION AND ADJUDICATION
7. CIVIL LAW LIABILITY (NON-CONTRACTUAL)
7.1 General System
7.2 Special Environmental Law Liabilities
7.3 Liability in a Company Law Context
7.4 Which Damage Qualifies for Compensation?
B. PRACTICAL QUESTIONS OF ENVIRONMENTAL LAW
8. STARTING A NEW COMPANY
8.1 When is an Environmental Licence Required?
8.2 Main Features of the Licensing Procedure
8.3 Competent Authorities
8.4 Participation by Applicant and Others in Decision-making
8.5 Duration of the Licensing Procedure
8.6 Costs of the Licensing Procedure
8.7 Chances of Obtaining the Licence
8.8 Assessment Criteria by Competent Authorities
8.9 Regulations to be Expected
8.10 Term of the Licence
9. LEGAL PROTECTION WITH REGARD TO ENVIRONMENTAL LICENCE
9.1 Who can Appeal?
9.2 To which Authorities?
9.3 Time Limits on Appeal
9.4 Main Features of Appeals Procedure
9.5 Are Appeals Lodged Often?
9.6 What are the Powers of the Appellate Body?
9.7 Risks of Appeal Procedure for the Licence
10. CHANGE OF COMPANY ACTIVITIES
10.1 When is a Licence Necessary?
10.2 What are the Differences Compared to Starting a New Company?
11. LEGAL PROTECTION IN THE EVENT OF CHANGE OF COMPANY ACTIVITIES
11.1 What are the Differences Compared to When a Licence is Granted for a New Company?
12. ENVIRONMENTAL IMPACT ASSESSMENT
12.1 When is an Environmental Impact Assessment Required?
12.2 Main Features of the Procedure
12.3 Duration of the Procedure
12.4 Costs
13. ENFORCEMENT
13.1 Possibilities of Enforcement
13.2 Risks for Companies and Directors
13.3 Enforcement in Practice
14. SOIL POLLUTION
14.1 The Issues Listed
14.2 Can the Government Enforce a Clean-up?
14.3 Can Third Parties Enforce This?
14.4 Financial Risks
14.5 Solutions
15. MERGER AND TAKE-OVER
15.1 The Environmental Issues in the Event of a Take-over
15.2 Solutions in Practice
15.3 Sale/Purchase of Polluted Real Property
REFERENCES
9. Environmental Law in Greece
A. THE ENVIRONMENTAL LAW SYSTEM
1. THE STRUCTURE OF PUBLIC BODIES
1.1 In General
1.2 In Relation to Environmental Protection Policy
2. MAIN FEATURES OF THE LITIGATION SYSTEM
2.1 Administrative Law
2.2 Criminal Law
2.3 Civil Law
3. MAIN FEATURES OF ENVIRONMENTAL POLICY
4. ENVIRONMENTAL LAW LEGISLATION (GENERAL)
4.1 In the Constitution
4.2 In Other Statutes
4.3 Main Powers of the Various Authorities
4.4 Main Principles of Environmental Law Legislation
5. LEGISLATION WITH RESPECT TO SOIL POLLUTION AND WASTE
6. EFFECT OF EC ENVIRONMENTAL LAW IN LEGISLATION AND ADJUDICATION
7. CIVIL LAW LIABILITY (NON-CONTRACTUAL)
7.1 General System
7.2 Special Environmental Law Liabilities (for example with Regard to Hazardous Substances, Waste etc.), including Which Damage Qualifies for Compensation
7.3 Liability in a Company Law Context
B. PRACTICAL QUESTIONS OF ENVIRONMENTAL LAW
8. STARTING A NEW COMPANY
8.1 When is an Environmental Licence Required?
8.2 Main Features of the Licensing Procedure/Competent Authorities
8.3 Participation by Applicant and Others in Decision-making
8.4 Duration of the Licensing Procedure
8.5 Costs of the Licensing Procedure
8.6 Chances of Obtaining the Licence
8.7 Assessment Criteria by Competent Authorities
8.8 Regulation to be Expected
8.9 Term of the Licence
9. LEGAL PROTECTION WITH REGARD TO ENVIRONMENTAL LICENCES
9.1 Who can Appeal and to Which Authority?
9.2 Time Limits on Appeals
9.3 Main Features of Appeal Procedure and Frequency of Filing
9.4 What are the Powers of the Appellate Body?
10. CHANGE OF COMPANY ACTIVITIES
10.1 When is a Licence Necessary and What are the Differences Compared to Starting a New Company?
11. LEGAL PROTECTION IN THE EVENT OF CHANGE OF COMPANY ACTIVITIES
12. ENVIRONMENTAL IMPACT ASSESSMENT
12.1 When is an Environmental Impact Assessment Required?
12.2 Main Features of the Procedure
12.3 Duration of the Procedure
12.4 Costs
13. ENFORCEMENT
14. SOIL POLLUTION
15. MERGER AND TAKE-OYER
15.1 The Environmental Issues in the Event of a Take-over and Solution in Practice
15.2 Sale/Purchase of a Polluted Real Property
REFERENCES
ANNEX: (PRE)APPROVAL FOR AREA PLANNING
10. Environmental Law in Ireland
A. THE ENVIRONMENTAL LAW SYSTEM
1. PUBLIC BODIES
1.1 Structure
1.2 Role of Public Bodies
1.3 Role of Local Authorities
1.4 Role of Other Statutory Bodies
1.5 The Planning Board
1.6 The Environmental Protection Agency
1.7 The Regional Fisheries Boards
2. MAIN FEATURES OF THE LITIGATION SYSTEM
2.1 Jurisdiction of the Courts
2.2 The European Court of Justice
3. MAIN FEATURES OF ENVIRONMENTAL POLICY
4. ENVIRONMENTAL LAW LEGISLATION
4.1 The Constitution
4.2 Other Statutes
4.3 Main Powers of Various Authorities
4.3.1 Water pollution prevention
4.3.2 Air pollution prevention
4.3.3 Prevention and control of waste
4.3.4 Environmental Protection Agency Act 1992
4.4 Main Principles of Environmental Law Legislation
5. LEGISLATION WITH RESPECT TO WASTE
6. EFFECT OF EU ENVIRONMENTAL LAW IN LEGISLATION AND ADJUDICATION
7. CIVIL LAW LIABILITY (NON-CONTRACTUAL)
7.1 General System
7.2 Special Environmental Law Liabilities
7.3 Liability in a Company Law Context
7.4 Which Damage Qualifies for Compensation?
B. PRACTICAL QUESTIONS OF ENVIRONMENTAL LAW
8. STARTING A NEW COMPANY
8.1 When is an Environmental Licence Required?
8.1.1 Integrated Pollution Control Licence
8.1.2 Water Pollution Licence
8.1.3 Air Pollution Licences
8.1.4 Waste disposal
8.1.5 Planning pennission
8.2 Main Features of the Licensing Procedure
8.2.1 Pre-application appraisal of an activity
8.2.2 Planning pennission
8.2.3 Integrated Pollution Control Licences
8.2.4 Water Pollution Licence
8.2.5 Air Pollution Licence
8.2.6 Waste Licence
8.3 Competent Authorities
8.4 Participation by Applicant and Others in Decision-making
8.5 Duration of the Licensing Procedure
8.6 Costs of the Licensing Procedure
8.7 Chances of Obtaining the Licence
8.8 Assessment Criteria
8.8.1 IPC Licences
8.8.2 Other licences
8.9 Regulations to be Expected
8.10 Term of Licence
9. LEGAL PROTECTION WITH REGARD TO ENVIRONMENTAL LICENCE
9.1 Who can Appeal?
9.2 To which Authorities?
9.3 Time Limits on Appeals
9.4 Main Features of Appeal Procedure
9.4.1 Application
9.5 Are Appeals Lodged Often?
9.6 What are the Powers of the Appellate Body?
9.7 Risks of Appeal Procedure for the Licensee
10. CHANGE OF COMPANY ACTIVITIES
11. LEGAL PROTECTION IN THE EVENT OF CHANGE OF COMPANY ACTIVITIES
12. ENVIRONMENTAL IMPACT ASSESSMENT
12.1 When is an Environmental Impact Assessment Required?
12.2 Main Features of the Procedure
12.3 Duration of the Procedure
12.4 Costs
13. ENFORCEMENT
13.1 Possibilities of Enforcement
13.2 Risks for Companies and Directors
13.3 Enforcement in Practice
14. SOIL POLLUTION
14.1 The Issues Listed
14.2 Can the Government Enforce a Clean-up?
14.3 Can Third Parties Enforce This?
14.4 Financial Risks
14.5 Solutions
15. MERGER AND TAKE-OVER
15.1 The Environmental Issues in the Event of a Take-over
15.2 Solutions in Practice
15.3 The Sale/Purchase of Polluted Real Property
REFERENCES
11. Environmental Law in Italy
A. THE ENVIRONMENTAL LAW SYSTEM
1. STRUCTURE OF PUBLIC BODIES
1.1 Parliament
1.2 Government
1.3 Ministry of the Environment
1.4 Regions
1.5 Provinces
1.6 Municipalities
1.7 Local Health Authorities
1.8 ANPA
1.9 Other Authorities
1.10 The Reform of 1998
2. MAIN FEATURES OF THE LITIGATION SYSTEM
2.1 Civil Courts
2.1.1 Scope of jurisdiction
2.1.2 Structure of the civil adjudication system
2.1.3 Main features of the procedure
2.1.4 Who can participate in the proceedings?
2.2 Criminal Courts
2.2.1 Scope of jurisdiction
2.2.2 Structure of the criminal adjudication system
2.2.3 Main features of the procedure
2.2.4 Who can participate?
2.3 Administrative Courts
2.3.1 Scope of jurisdiction
2.3.2 Structure of the administrative adjudication system
2.3.3 Main features of the procedure
2.3.4 Who can participate?
3. MAIN FEATURES OF ENVIRONMENTAL POLICY
4. ENVIRONMENTAL LAW LEGISLATION
4.1 The Constitution
4.2 Other Statutes
4.2.1 Dangerous activities
4.2.2 Environmental impact assessment (Valutazione di impatto ambientale: VIA)
4.2.3 Water protection
4.2.4 Air pollution
4.2.5 Noise pollution
4.2.6 Other laws
4.3 Main Powers of the Various Authorities
4.4 Main Principles of Environmental Law Legislation
5. LEGISLATION WITH RESPECT TO SOIL POLLUTION AND WASTE
5.1 General Principles
5.2 Definition of Waste
5.3 Liability Issues
5.4 Waste Management Planning
5.5 Authorisations and Other Administrative Requirements
5.6 Packaging and Other Categories of Waste
5.7 Soil Contamination
5.8 Sanctions and Final Provisions
6. EFFECT OF EC ENVIRONMENTAL LAW IN LEGISLATION AND ADJUDICATION
7. CIVIL LAW LIABILITY (NON-CONTRACTUAL)
7.1 General System
7.2 Special Environmental Law Liabilities
7.2.1 Waste disposal
7.2.2 Contaminated sites
7.2.3 Water pollution
7.3 Environmental Liability in a Company Law Context
7.4 Which Damage Qualifies for Compensation?
B. PRACTICAL QUESTIONS OF ENVIRONMENTAL LAW
8. STARTING A NEW COMPANY
8.1 When is an Environmental Licence Required?
8.2 Main Features of the Licensing Procedure
8.3 Competent Authorities
8.4 Participation by the Applicant and Others in Decision-making
8.5 Duration of the Licensing Procedure
8.6 Costs of the Licensing Procedure
8.7 Chances of Obtaining the Licence
8.8 Assessment Criteria by Competent Authorities
8.9 Regulations to be Expected
8.10 Term of the Licence
9. LEGAL PROTECTION WITH REGARD TO ENVIRONMENTAL LICENCE
9.1 Who can Appeal?
9.2 To which Authorities?
9.3 Time Limits on Appeals
9.4 Main Features of the Appeal Procedure
9.5 Are Appeals Lodged Often?
9.6 What are the Powers of the Appellate Body?
9.7 Risks of Appeal Procedure for the Licensee
10. CHANGE OF COMPANY ACTIVITIES
10.1 When is a Licence Necessary?
10.2 What are the Differences Compared to Starting a New Company?
11. LEGAL PROTECTION IN THE EVENT OF CHANGE OF COMPANY ACTNITIES
11.1 What are the Differences Compared to the Legal Protection Obtained When a Licence is Granted for a New Company?
12. ENVIRONMENTAL IMPACT ASSESSMENT
12.1 When is an Environmental Impact Assessment Required?
12.1.1 National VIA
12.1.2 Regional VIA
12.2 Main Features of the Procedure
12.2.1 National VIA
12.2.2 Regional VIA
12.3 Duration of the Procedure
12.4 Costs
13. ENFORCEMENT
13.1 Possibilities of Enforcement
13.2 Risks for Companies and Directors
13.3 Enforcement in Practice
14. SOIL POLLUTION
14.1 The Issues Listed
14.2 Can the Government Enforce a Clean-up?
14.3 Can Third Parties Enforce This?
14.4 Financial Risks
14.5 Solutions
15. MERGER AND TAKE-OVER
15.1 The Environmental Issues in the Event of a Take-over
15.2 Solutions in Practice
15.2.1 Stock transactions
15.2.2 Merger
15.2.3 Asset deals
15.3 Sale/Purchase of Polluted Real Property
REFERENCES
12. Environmental Law in Luxembourg
A. THE ENVIRONMENTAL LAW SYSTEM
1. STRUCTURE OF PUBLIC BODIES (IN PARTICULAR, POWERS OF THE VARIOUS AUTHORITIES)
2. MAIN FEATURES OF THE LITIGATION SYSTEM
3. MAIN FEATURES OF ENVIRONMENTAL POLICY
4. ENVIRONMENTAL LAW LEGISLATION (GENERAL)
4.1 The Constitution
4.2 Other Statutes
4.3 Main Powers of the Various Authorities
5. LEGISLATION WITH REGARD TO SOIL CONTAMINATION AND WASTE
6. EFFECT OF EC ENVIRONMENTAL LAW ON LEGISLATION AND ADJUDICATION
7. CIVIL LAW LIABILITY (NON-CONTRACTUAL)
7.1 General System
7.2 Special Environmental Law Liabilities
7.3 Liability in a Company Law Context
7.4 Which Damage Qualifies for Compensation?
B. PRACTICAL QUESTIONS OF ENVIRONMENTAL LAW
8. STARTING A NEW COMPANY
8.1 When is an Environmental Licence Required?
8.2 Main Features of the Licensing Procedure
8.3 Competent Authorities
8.4 Participation by Applicants and Others in Decision-making
8.5 Duration of the Licensing Procedure
8.6 Costs of the Licensing Procedure
8.7 Chances of Obtaining a Licence
8.8 Assessment Criteria by Competent Authorities
8.9 Regulations to be Expected
8.10 Term of the Licence
9. LEGAL PROTECTION WITH REGARD TO ENVIRONMENTAL LICENCE
9.1 Who can Appeal?
9.2 To which Authorities?
9.3 Time Limits on Appeals
9.4 Main Features of the Appeal Procedure
9.5 Are Appeals Lodged Often?
9.6 What are the Powers of the Appellate Body?
9.7 Risks of the Appeal Procedure for Licensees
10. CHANGE OF COMPANY ACTIVITIES
10.1 When is a Licence Necessary?
10.2 What are the Differences Compared to Starting a New Company?
11. LEGAL PROTECTION IN THE EVENT OF ANY CHANGE IN COMPANY ACTIVITIES
12. ENVIRONMENTAL IMPACT ASSESSMENT
12.1 When is an Environmental Impact Assessment Required?
12.2 Main Features of the Procedure
12.3 Duration of the Procedure
12.4 Costs
13. ENFORCEMENT
13.1 Possibilities of Enforcement
13.2 Risks for Companies and Directors
13.3 Enforcement in Practice
14. SOIL CONTAMINATION
14.1 The Issues Listed
14.2 Can the Government Enforce a Clean-up?
14.3 Can Third Parties Enforce This?
14.4 Financial Risks
14.5 Solutions
15. MERGER AND TAKE-OVER
15.1 The Environmental Issues in the Event of a Take-over
15.1.1 Identification of environmental risks
15.1.2 Legal analysis of environmental risks
15.2 Solutions in Practice
15.2.1 Contractual guarantees (representations and warranties)
15.2.2 Indemnification clauses
15.2.3 Insurance cover
15.3 Sale/Purchase of Polluted Real Property
13. Environmental Law in the Netherlands
A. THE ENVIRONMENTAL LAW SYSTEM
1. STRUCTURE OF PUBLIC BODES AND THEIR POWERS
1.1 Political Structure
1.2 The Constitution
1.3 Legislation
1.4 Material Legislation
1.5 Executive Power
2. MAIN FEATURES OF THE LITIGATION SYSTEM
2.1 The Criminal Court
2.2 The Administrative Court
2.3 The Civil Court
3. MAIN FEATURES OF ENVIRONMENTAL POLICY
4. ENVIRONMENTAL LAW LEGISLATION (GENERAL)
4.1 The Constitution
4.2 Other Statutes
4.3 Most Important Powers of the Different Authorities
4.4 Most Important Principles of Environmental Legislation
5. LEGISLATION CONCERNING SOIL POLLUTION AND WASTE
5.1 Soil
5.1.1 Clean-up under one's own management
5.1.2 Forced clean-up
5.1.3 Clean-up by the state
5.2 Waste
6. EFFECT OF EC ENVIRONMENTAL LAW IN LEGISLATION AND CASE LAW
7. CIVIL LIABILITY (NON-CONTRACTUAL)
7.1 General System
7.2 Personal Liability Arising out of Tort
7.2.1 Act in violation of a legal duty
7.2.2 Act in breach of a duty of care
7.3 Special Environmental Liabilities
7.4 Liability in a Company Law Context
7.5 Which Damages can be Compensated?
B. PRACTICAL QUESTIONS OF ENVIRONMENTAL LAW
8. STARTING A NEW COMPANY
8.1 When is an Environmental Licence Required?
8.2 Outline of Licence Procedure
8.2.1 Proper authority
8.2.2 Possibility of participation by applicant and others
8.2.3 Length of the licence procedure
8.2.4 Costs of the licence procedure
8.2.5 Chance of licence-issue/scope of review by proper authorities/licence requirements
8.2.6 Duration of the licence
9. PROTECTION OF RIGHTS WITH REGARD TO AN ENVIRONMENTAL LICENCE
9.1 Who can Appeal, in What Circumstances and Within Which Time Limit?
9.2 Outline of the Appeal Procedure
9.3 Is an Appeal Often Lodged?
9.4 What are the Powers of the Appellate Body?
9.5 Risks for the Licensee
10. CHANGE OF AN EXISTING COMPANY/MODIFICATION OF ACTIVITIES
10.1 When is a Licence Required?
10.2 Differences With Starting a New Company
10.3 Protection of Rights in Event of a Change in an Existing Company
11. ENVIRONMENTAL IMPACT ASSESSMENT
11.1 When is an Environmental Impact Assessment Necessary?
11.2 Outline of the Procedure
11.3 Duration of the Procedure
11.4 Costs of the Procedure
12. ENFORCEMENT
12.1 Enforcement Possibilities
12.2 Risks for Companies and Directors
12.3 The Practice of Enforcement
13. SOIL POLLUTION
13.1 Can the State Enforce a Clean-up?
13.2 Can Third Parties Enforce a Clean-up?
13.3 Financial Risks and Solutions
14. MERGERS AND TAKE-OVERS
14.1 Environmental Problems Relating to a Corporate Take-over
14.2 Solutions in Practice
14.3 Sale/Purchase of Polluted Real Property
REFERENCES
14. Environmental Law in Portugal
A. THE ENVIRONMENTAL LAW SYSTEM
1. STRUCTURE OF PUBLIC BODIES (IN PARTICULAR, POWERS OF THE VARIOUS AUTHORITIES)
2. MAIN FEATURES OF THE LITIGATION SYSTEM
2.1 Civil Procedure
2.2 Administrative Procedure
2.2.1 Direct annulment
2.2.2 Direct contestation of administrative regulations
2.2.3 Actions intended to recognise a right or legitimate interest
2.2.4 Actions concerning administrative contracts
2.2.5 Additional procedural means of a cautionary character
2.3 Administrative Embargoes
3. MAIN FEATURES OF ENVIRONMENTAL POLICY
4. ENVIRONMENTAL LAW LEGISLATION (GENERAL)
4.1 The Constitution
4.2 Other Statutes
4.3 Main Principles of Environmental Law Legislation
5. LEGISLATION WITH RESPECT TO SOIL POLLUTION AND WASTE
6. EFFECT OF EC ENVIRONMENTAL LAW IN LEGISLATION AND ADJUDICATION
7. CIVIL LAW LIABILITY (NON-CONTRACTUAL)
7.1 General System
7.1.1 Liability for unlawful acts
7.1.2 Liability for risk
7.1.3 Liability for lawful, damaging acts
7.2 Special Environmental Law Liabilities
7.2.1 The Civil Code
7.2.2 Other legal provisions
7.3 Liability in a Company Law Context
7.3.1 Obligatory insurance
7.3.2 Environmental tax
7.4 Which Damage Qualifies for Compensation?
B. PRACTICAL QUESTIONS OF ENVIRONMENTAL LAW
8. STARTING A NEW COMPANY
8.1 When is an Environmental Licence Required?
8.2 Main Features of a Licensing Procedure
8.3 Competent Authorities
8.4 Participation by Applicant and Others in Decision-making
8.5 Duration of the Licensing Procedure
8.5.1 Start of operation
8.6 Costs of the Licensing Procedure
8.7 Chances of Obtaining the Licence
8.8 Assessment Criteria by Competent Authorities
8.9 Regulations to be Expected
8.10 Term of the Licence
9. LEGAL PROTECTION WITH REGARD TO ENVIRONMENTAL LICENCE
9.1 Who can Appeal?
9.2 To which Authorities?
9.3 Time Limits on Appeals
9.4 Main Features of Appeal Procedure
9.5 Are Appeals Lodged Often?
9.6 What are the Powers of the Appellate Body?
9.7 Risks of Appeal Procedure for Licensee
10. CHANGE OF COMPANY ACTIVITIES
10.1 When is a Licence Necessary?
10.2 What are the Differences Compared to Starting a New Company?
10.3 Other Situations
11. LEGAL PROTECTION IN THE EVENT OF CHANGE OF COMPANY ACTIVITIES
12. ENVIRONMENTAL IMPACT ASSESSMENT
12.1 When is an Environmental Impact Assessment Required?
12.2 Main Features of the Procedure
12.2.1 EIA required information
12.2.2 Public concerned
12.2.3 Public consultation
12.3 Duration of the Procedure
12.4 Costs
13. ENFORCEMENT
13.1 Possibilities of Enforcement
13.1.1 In administrative law
13.1.2 In criminal law
13.2 Risks for Companies and Directors
13.3 Enforcement in Practice
14. SOIL POLLUTION
14.1 The Issues Listed
14.2 Can the Government Enforce a Clean-up?
14.3 Can Third Parties Enforce This?
14.4 Financial Risks
14.5 Solutions
15. MERGER AND TAKE-OVER
15.1 The Environmental Issues in the Event of a Take-over
15.2 Solutions in Practice
15.3 Sale/Purchase of Polluted Real Property
15. Environmental Law in Spain
A. THE ENVIRONMENTAL LAW SYSTEM
1. STRUCTURE OF PUBLIC BODIES (IN PARTICULAR, POWERS OF THE VARIOUS AUTHORITIES)
1.1 The State
1.2 Autonomous Communities
1.3 The Municipalities
2. MAIN FEATURES OF THE LITIGATION SYSTEM
2.1 Constitutional Court
2.2 Administrative Jurisdiction
2.3 Civil and Commercial Jurisdiction
2.4 Criminal Jurisdiction
2.5 Jurisdictional Protection (intereses difusos)
3. MAIN FEATURES OF ENVIRONMENTAL POLICY
4. ENVIRONMENTAL LAW LEGISLATION (GENERAL)
4.1 The Constitution
4.2 Other Statutes
4.3 Main Powers of the Various Authorities
4.3.1 Regulations
4.3.2 Specific actions
4.3.3 Stimuli
4.4 Main Principles of Environmental Law Legislation
5. LEGISLATION WITH RESPECT TO SOIL POLLUTION AND WASTE
6. EFFECT OF EU ENVIRONMENTAL LAW IN LEGISLATION AND ADJUDICATION
6.1 Legislation
6.2 Case Law
6.2.1 Ordinary courts
6.2.2 Constitutional Court
7. CIVIL LAW LIABILITY (NON-CONTRACTUAL)
7.1 General System
7.2 Special Environmental Law Liabilities
7.3 Liability in a Company Law Context
7.4 Which Damage Qualifies for Compensation?
B. PRACTICAL QUESTIONS OF ENVIRONMENTAL LAW
8. STARTING A NEW COMPANY
8.1 When is an Environmental Licence Required?
8.2 Main Features of a Licensing Procedure
8.3 Competent Authorities
8.4 Participation by Applicant and Others in Decision-making
8.5 Duration of the Licensing Procedure
8.6 Costs of the Licensing Procedure
8.7 Chances of Obtaining the Licence
8.8 Assessment Criteria by Competent Authorities
8.9 Regulations to be Expected
8.10 Term of the Licence
9. LEGAL PROTECTION WITH REGARD TO ENVIRONMENTAL LICENCE
9.1 Who can Appeal?
9.2 To which Authorities?
9.3 Time Limits on Appeals
9.4 Main Features of Appeal Procedure
9.4.1 Recurso de alzada
9.4.2 Recurso de reposición
9.4.3 Recurso contencioso-administrativo
9.5 Are Appeals Lodged Often?
9.6 What are the Powers of the Appellate Body?
9.7 Risks of Appeal Procedure for the Licensee
10. CHANGE OF COMPANY ACTIVITIES
10.1 When is a Licence Necessary?
10.2 What are the Differences Compared to Starting a New Activity?
11. LEGAL PROTECTION IN THE EVENT OF CHANGE OF COMPANY ACTIVITIES
12. ENVIRONMENTAL IMPACT ASSESSMENT
12.1 When is an Environmental Impact Assessment required?
12.2 Main Features of the Procedure
12.3 Duration of the Procedure
12.4 Costs
13. ENFORCEMENT
13.1 Possibilities of Enforcement (in Administrative Law, Criminal Law and Civil Law)
13.2 Risks for Companies and Directors
13.3 Enforcement in Practice
14. SOIL POLLUTION
14.1 The Issues Listed
14.2 Can the Government Enforce a Clean-up?
14.3 Can Third Parties Enforce This?
14.4 Financial Risks
14.5 Solutions
15. MERGER AND TAKE-OVER
15.1 The Environmental Issues in the Event of a Take-over
15.2 Solutions in Practice
15.3 Sale/Purchase of Polluted Real Property
16. Environmental Law in Sweden
A. THE ENVIRONMENTAL LAW SYSTEM
1. STRUCTURE OF PUBLIC BODIES
2. MAIN FEATURES OF THE LITIGATION SYSTEM
3. MAIN FEATURES OF ENVIRONMENTAL POLICY
4. ENVIRONMENTAL LAW LEGISLATION (GENERAL)
4.1 The Constitution
4.2 Other Statutes: the Environmental Code
4.2.1 General rules of consideration
4.2.2 Environmental quality norms
4.2.3 Environmental impact assessments
4.2.4 Rules concerning protected areas
4.2.5 Commercial nature leisure activities
4.2.6 Refuse-handling and producer responsibility
4.2.7 Extended general regulations
4.2.8 Ionising radiation
4.2.9 Chemical products and biotechnical organisms
4.2.10 Permit obligations for major installations and particularly intrusive operations
4.2.11 Development of environmental criminal law
4.2.12 Introduction of environmental sanction fee
4.2.13 Clean-up responsibility and insurance
4.2.14 Implementation
4.3 Main Powers of the Various Authorities
4.4 Main Principles of Environmental Law Legislation
4.4.1 Precautionary measures
4.4.2 Best possible technology
4.4.3 Knowledge
4.4.4 Localisation principle
4.4.5 Resource management and the eco-cycle principles
4.4.6 The product choice principle
4.4.7 Reasonableness rule
4.4.8 Liability to remedy damage
5. LEGISLATION WITH RESPECT TO SOIL POLLUTION AND WASTE
5.1 Polluted Areas
5.2 Waste and Producer Responsibility
5.2.1 The concept 'waste'
5.2.2 Producer responsibility
5.2.3 Municipal public cleansing
5.2.4 Municipal cleansing rules
5.2.5 Handling waste
6. EFFECT OF EC ENVIRONMENTAL LAW IN LEGISLATION AND ADJUDICATION
7. CIVIL LAW LIABILITY (NON-CONTRACTUAL)
7.1 General System
7.2 Special Environmental Law Liabilities
7.3 Liability in a Company Law Context
7.4 Which Damage Qualifies for Compensation?
B. PRACTICAL QUESTIONS OF ENVIRONMENTAL LAW
8. STARTING A NEW COMPANY
General Remarks
8.1 When is an Environmental Licence Required?
8.2 Main Features of the Licensing Procedure
8.2.1 Advice and infomation on the obligation of consultation
8.2.2 The contents of a licence application
8.2.3 Public announcement
8.3 Competent Authorities
8.4 Participation by Applicant and Others in Decision-making
8.5 Duration of the Licensing Procedure
8.6 Costs of the Licensing Procedure
8.7 Chances of Obtaining the Licence and Assessment Criteria by Competent Authorities
8.8 Regulations to be Expected
8.9 Term of the Licence
9. LEGAL PROTECTION WITH REGARD TO ENVIRONMENTAL LICENCE
9.1 Who can Appeal and are Appeals Lodged Often?
9.2 To which Authorities?
9.3 Time Limits on Appeals
9.4 Main Features of Appeal Procedure
9.5 What are the Powers of the Appellate Body and What are the Risks of the Appeal Procedure for the Licensee?
10. CHANGE OF COMPANY ACTIVITIES
10.1 When is a Licence Necessary?
10.2 What are the Differences Compared to Starting a New Company?
11. LEGAL PROTECTION IN THE EVENT OF CHANGE OF COMPANY ACTIVITIES
12. ENVIRONMENTAL IMPACT ASSESSMENT
12.1 When is an Environmental Impact Assessment Required?
12.2 Main Features of the Procedure
12.3 Costs
13. ENFORCEMENT
13.1 Possibilities of Enforcement (in Administrative Law, Criminal Law and Civil Law)
13.2 Risks for Companies and Directors
13.2.1 Penal provisions
13.2.2 Environmental sanction charges
14. SOIL POLLUTION
14.1 Can the Government Enforce a Clean-up?
14.1.1 Business operators
14.1.2 Proprietors
14.1.3 The extent of the clean-up liability and the environmental clean-up insurance
14.1.4 Information obligation
14.2 Can Third Parties Enforce This?
14.3 Financial Risks
15. MERGER AND TAKE-OVER
15.1 The Environmental Issues in the Event of a Take-over
15.2 Solutions in Practice
REFERENCES
17. Environmental Law in the United Kingdom
A. THE ENVIRONMENTAL LAW SYSTEM
1. THE STRUCTURE OF PUBLIC BODIES
1.1 The British Constitution
1.1.1 Component parts of the United Kingdom
1.1.2 No written Constitution
1.1.3 Treaties and the United Kingdom
1.2 Central Government and Local Authorities
1.2.1 Introduction
1.2.2 Central government departments
1.2.3 Local authorities and their environmental responsibilities
1.3 Independent Agencies
1.3.1 The Environment Agency
1.3.2 English Nature
2. MAIN FEATURES OF THE LITIGATION SYSTEM
2.1 Outline of the System of Civil and Criminal Justice
2.2 Criminal Liability
2.2.1 Strict and fault-based liability
2.2.2 Corporate criminal liability
2.2.3 Criminal liability of directors and others
2.3 Judicial Review in the Environmental Context
2.3.1 Introduction
2.3.2 The grounds of challenge
2.3.3 Rules as regards standing
3. MAIN FEATURES OF ENVIRONMENTAL POLICY
3.1 Introduction
3.2 Influences on Environmental Policy
4. ENVIRONMENTAL LEGISLATION (GENERAL OUTLINE)
4.1 Environmental Protection Act 1990
4.2 Environment Act 1995
4.3 Town and Country Planning Legislation
5. LEGISLATION ON SOIL PROTECTION AND WASTE
5.1 Waste
5.2 Soil Protection
6. EFFECT OF EC ENVIRONMENTAL LAW
7. CIVIL LIABILITY
7.1 Introduction
7.2 Negligence, Nuisance and the Rule in Rylands v Fletcher
B. PRACTICAL QUESTIONS OF ENVIRONMENTAL LAW
8. STARTING A NEW COMPANY
8.1 When is an Environmental Licence Required?
8.1.1 Prescribed industrial processes
8.1.2 Waste
8.1.3 Water
8.1.4 Hazardous substances
8.1.5 Miscellaneous
8.1.6 1996 European Commission Directive
8.2 Main Features of the Licensing Procedure
8.2.1 IPC licensing procedure
8.3 Participation by Applicant and Others in Decision-making
8.3.1 Licensing procedure
8.3.2 Duration of the licensing procedure
8.4 Costs of the Licensing Procedure
8.4.1 Integrated Pollution Control
8.4.2 Waste management
8.4.3 Water pollution control
8.5 Chances of Obtaining the Licence
8.6 Assessment Criteria by Competent Authorities
8.7 Regulations to be Expected
8.8 Terms of the Licence
8.9 The Position in Scotland
9. LEGAL PROTECTION IN RESPECT OF ENVIRONMENTAL LICENCES
9.1 IPC and LAAPC Licences
9.1.1 Who can appeal?
9.1.2 To which authorities?
9.1.3 Time limits on appeal
9.1.4 Main features of appeal procedure
9.1.5 Powers of appellate body
9.2 Other Environmental Licences
9.2.1 Waste management licence
9.2.2 Waste carrier licence
9.2.3 Trade effluent
9.2.4 Hazardous substances
9.2.5 Abstraction licences
9.2.6 Discharge consent
9.3 The Position in Scotland
10. CHANGE OF COMPANY ACTIVITIES
10.1 When is a Licence Necessary?
10.2 What are the Differences Compared to Starting a New Company?
11. ENVIRONMENTAL IMPACT ASSESSMENT
11.1 When is an Environmental Impact Assessment Required?
11.2 Main Features of the Procedure
11.2.1 Preliminary ruling
11.2.2 Consultation
11.2.3 Submitting the environmental statement
11.2.4 Publication of environmental statements
11.2.5 Further information
11.3 Duration of the Procedure
11.4 Costs
11.5 New Directive
11.6 The Position in Scotland
12. ENFORCEMENT
12.1 Possibilities on Enforcement (in Administrative Law, Criminal Law and Civil Law)
12.1.1 Criminal liability
12.1.2 Administrative powers of the regulatory bodies
12.1.3 Civil liability
12.2 Risks for Companies, Company Directors and Other Employees
12.3 Enforcement in Practice
12.4 The Position in Scotland
12.5 Can the Government Enforce a Clean-up?
12.6 Financial Risks
12.6.1 Criminal
12.6.2 Regulatory
12.6.3 Operational
12.6.4 Compensation
12.7 Solutions
13. MERGER AND TAKE-OVER
13.1 Environmental Issues in the Event of a Take-over
13.1.1 Inheriting environmental liabilities
13.2 Solutions in Practice
13.2.1 Due diligence
13.2.2 Warranties and indemnities
13.3 Sale/Purchase of Polluted Real Property
Appendix: List of Authors
Index
Back Cover

Systemvoraussetzungen

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