Showing papers on "Directive published in 2000"

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 (Water Framework Directive)

Abstract: (3) The declaration of the Ministerial Seminar on groundwater held at The Hague in 1991 recognised the need for action to avoid long-term deterioration of freshwater quality and quantity and called for a programme of actions to be implemented by the year 2000 aiming at sustainable management and protection of freshwater resources. In its resolutions of 25 February 1992, and 20 February 1995, the Council requested an action programme for groundwater and a revision of Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances, as part of an overall policy on freshwater protection.

The Bundling of Similar Interests in Litigation. The Incentives for Class Action and Legal Actions taken by Associations

Abstract: The European directive 98/27/EC of 15 of May 1998 widens the scope of action for consumer interests. The new directive follows the green book on the rights of the consumer of 11 June 1993. The necessity to transform this directive into national law has led to discussions on whether it is advisable to generally expand the scope of liability for widespread damages. Should the possibilities to collect damages for consumer associations and to establish new forms of bundling similar interests in cases of civil liability be widened? This article deals with economic consequences of such forms of bundling with a focus on the class action and actions by associations. The American discussion on the merits of class action is not very encouraging and does not lead to proposing far reaching legal innovations for European countries in this field. It seems however that some of the adverse effects of class action can be avoided by slightly different forms of bundling.

Does Copyright Have Any Future on the Internet

Abstract: This paper considers whether copyright has a future in an electronic environment. A number of issues face copyright owners in the networked environment, most of them caused by the ease with which materials can be copied. Some relevant examples of legal cases are considered. Some responses to the stresses, in terms of both attitudes and legislation, such as the EU Database Directive and the EU Draft Directive on Copyright, are considered. It is concluded that copyright is unlikely to survive in its present form, and that attempts to strengthen it by means of increasing owner rights could be counterproductive. Innovative thinking and ideas are necessary, together with increased owner‐user co‐operation, if copyright is to survive.

Implementation of European Union environmental policy : the case of the Packaging Waste Directive

Abstract: THE IMPLEMENTATION OF EUROPEAN UNION ENVIRONMENTAL POLICY: THE CASE OF THE PACKAGING WASTE DIRECTIVE This thesis provides a critical review of the processes shaping the implementation of European Union (EU) environmental policy. It focuses on two aspects of this dynamic, the interpretation of EU law by Member States and the use of legislative and pricebased policy instruments to achieve policy objectives. The overall aim of the study is to examine the extent to which price-based regulation can contribute to the EU's policy objective of sustainable development. The focus for the research is the formulation of the Packaging and Packaging Waste Directive and its implementation in two Member States, Britain and Germany. A variety of research methods were employed, including literature and document searches, personal correspondences, telephone interviews, and postal surveys. The latter stage included a survey of British and German businesses affected by national packaging waste legislation. The first major finding was that the methods used by Member States to implement EU requirements are a major determinant of the sustainability outcomes achieved. By adopting command-and-control legislation and punitive environmental charges, Germany has achieved high recycling rates and significant reductions in packaging consumption. Britain's market-led approach has struggled to achieve its environmental targets but has produced a relatively cost-efficient recycling system. However, the second major finding was that environmental charges have not altered industry behaviour significantly. Whilst German firms were found to be more actively involved in preventative waste management than their British counterparts, this has been brought about primarily by legislative provisions and the readiness of national authorities to resort to constrictive regulation. The main contribution of price-based regulation has instead been the generation of hypothecation revenue for pollution control. From these findings, a conceptual model outlining the sustainability outcomes produced by legislation and price-based regulation is developed and discussed. From this evidence, it is concluded that the use of price-based regulation alongside state-determined implementation has led to some divergence in the sustainability outcomes achieved by EU environmental law. Moreover, the economic approach to environmental problems does little to resolve the fundamental conflicts of priorities between the EU's environmental agenda and its other policy domains. Some options for greater co-ordination of economic instruments at the EU level are suggested and evaluated. The thesis therefore provides a wide-ranging analysis of the practical application of price-based environmental regulation. Its primary contribution is that it assesses how political and practical issues combine to influence the implementation of environmental policy. Furthermore, by assessing EU policy in terms of its contribution to sustainable development, the study has sought to provide a holistic exaniination of the forces determining the success of the EU's environmental programme.-' , i

Intermediary Liability in the E-commerce Directive: So Far, So Good, But It's Not Enough

Abstract: Abstract To what extent are online intermediaries responsible for third party material put on the Internet by users of their facilities? The Directive on certain legal aspects of electronic commerce in the internal market, among other things, answers this question by establishing a liability regime for online intermediary activities. 1 This article explores the anticipated liability standard and concludes that the right to freedom of speech and fair competition on the Internet has been ignored.

Promoting the Information Society: The EU Directive on Electronic Commerce

Abstract: On 8 June 2000, the EU adopted the landmark ‘electronic commerce’ directive, a legal framework for the development of information society services. This article examines the rationale and evolution of EU policy for e‐commerce and the key features of the directive. These include establishing the responsibilities of service and intermediary service providers, procedures for concluding on‐line contracts and redress and enforcement mechanisms. It also explores the extent to which the directive clarifies the national law applicable to cross‐frontier transactions and the relationship between the directive and private international law. The directive makes an important contribution to encouraging trust in the new technologies by establishing an EU‐wide model for e‐commerce, but it is by no means clear that it goes far enough. The continuing divergence of consumer protection policies and uncertainties about jurisdiction, securing redress, the liabilities of service providers and the status of contracts based upon web‐site advertisements may continue to discourage the development of e‐commerce in the Community.

Fitting in with Brussels: implementing the urban waste water treatment directive in England and Wales

Abstract: This paper analyses implementation of the 1991 Urban Waste Water Treatment Directive (UWWTD) in England and Wales. In its Fifth Environmental Action Programme (5th EAP, 1993-2000), the European Commission committed itself to improving the implementation of EU environmental policies. It has been suggested that implementation will be more effective when the fit between Directive imperative and member state administrative tradition is close. Unfortunately, the fit approach sheds little light on the processes by which an accommodation is reached between Directive and member state. The approach to UWWTD implementation taken in England and Wales has recently shifted, changing from a minimalist approach to a more precautionary approach. This change affords a useful opportunity to analyse the processes by which member states and Directive requirements mutually adjust during implementation. In this case, these processes are explained by broadening the analytical sweep to include the machinations of relevant member state policy networks and the influence of outsider policy beliefs that orbit those networks.

Ten Years On: An Empirical Analysis of UK Environmental Statement Submissions since the Implementation of Directive 85/337/EEC

Abstract: Regulations to implement Directive 85/337/EEC have been in operation in the UK for over 10 years. Implementation of the amended Directive (97/11/EC) in March 1999 marked the start of a new phase in environmental impact assessment (EIA), and so a review of the impact of the original Directive upon EIA activity is timely. This paper examines the implementation of the Directive in the UK through an empirical analysis of the publication of environmental statements (ESs) between July 1988 and April 1998. ES submissions are analysed under Annexes I and II of the Directive and under the main UK regulations, and then development control decision outcomes are considered. The implications of selected legislation and policy initiatives for ES submissions are then investigated in detail for four types of project. The Directive has been a major force in stimulating the development and growth of EIA in the UK, although the interaction of policies and legislation (environmental and otherwise) can exert an important infl...

Country Report Israel

Abstract: In 1980, the Director-General of the Ministry of Health promulgated the Public Health Regulations (Human Experimentation). The Regulations provide that no medical experiment on humans may be conducted in violation of the Helsinki Declaration, which has thus been incorporated into Israeli law. The two principal criteria prescribed in the Helsinki Declaration are Risk-Benefit calculus and Informed Consent. In 2006, the Ministry of Health issued a detailed Directive on Medical Experiments on Humans. The Directive stipulates that medical human experiments must conform to, inter alia, the provisions of the Harmonized Tripartite Guideline for Good Clinical Practice (ICH-GCP E6) and to the provisions of the Standard for Clinical Investigation of Medical Devices for Human Subjects. “Good Clinical Practice” is defined as “standards of practice and methodology which are designed to safeguard the welfare and rights of the experiment’s subjects as well as to guarantee the experiment’s quality and efficacy”. While the 1980 Human Experimentation Regulations were a step in the right direction, such a complex and sensitive problem-area is worthy of treatment by the Legislature itself, speaking through primary legislation. Indeed, a draft bill titled “Medical Experiments on Human Beings Act” has been pending for some time now before the Israeli Knesset (Parliament).

The efforts of the European Union to harmonise copyright and the impact on freedom of information

Abstract: The efforts of the European Union to harmonise copyright have been caused by two factors: 1) the need to adjust copyright to digital technology, and 2) the creation of an internal market for free trade in capital, goods and labour within the European member states. These efforts have resulted in directives on rental and lending rights, on harmonising the term of protection, and on legal protection of databases. These directives, although they strengthen authors' rights, should not worry librarians particularly. On the political agenda now is a Proposal for a Directive on the harmonisation of certain aspects of copyright and related rights in the Information Society (dec. 1997). This proposal attempts to set new standards for authors' rights to control the use of their works in respect to reproduction, communication to the public by electronic means, and distribution of hard copies. The proposed rules concerning authors' rights to control distribution of hard copies will, in practice, prevent free trade with copyrighted works. Researchers may not have free access to relevant published information and ethnic minorities may be discriminated against. If the authors' right to control any communication to the public of their works by electronic means is not balanced with rules of legal deposit and public access (on the library premises), libraries and archives will face serious legal difficulties in preserving electronic cultural heritage. The general public in Europe and those from around the world who seek to know the cultural heritage shall have suffered a serious setback in the freedom to access published information.

Implications of ICRP 60 and the patient directive 97/43 Euratom for nuclear medicine.

Abstract: The Council of the European Union has completely renewed the framework regarding radiation protection by adopting 2 directives: Directive 97/43 Euratom lays down the general principles of the radiation protection of individuals undergoing exposure to ionizing radiations related to medical exposures, as a supplement of Directive 96/29 Euratom laying down the basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiations. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with these two directives before 13 May 2000. Since medical applications represent the largest man-made sources of radiation exposure for the European population and exposure to low levels of ionizing radiations has become a sensitive issue for the public, the nuclear medicine community is concerned by the set of European legislation which appear to be more restrictive than the previous one. It is based on the scientific knowledge concerning radiation protection as expressed in particular in Recommendation No. 60 of the International Commission on Radiological Protection. In this paper, the directives are carefully analyzed and evaluated in terms of their potential impact on nuclear medicine practice.

A Dutch Approach to the European Directive on Integrated Pollution Prevention and Control: Using Life‐Cycle Assessment for the Integrated Assessment of Technologies

Abstract: Summary In light of the European Directive on Integrated Pollution Prevention and Control (IPPC Directive), traditional environmental regulation can be improved using the framework of industrial ecology. The objective of the IPPC Directive is to achieve a high level of protection of the environment as a whole (Article 1) by applying the best available techniques (BAT). In essence, the IPPC Directive obliges member states of the European Union to include considerations such as resources, energy, waste, and multimedia emissions when permitting industrial installations. This is a marked contrast to traditional environmental regulation that focuses on individual media of an individual site. In order to take all considerations into account, an integrated assessment of technologies is needed, for which a standard method is currently lacking. In this article, a systematic approach is introduced for the integrated assessment of IPPC technologies using life-cycle assessment (LCA), a form of environmental assessment that can be broadened to an overall assessment of environmental, economic, and social aspects. This systematic approach has proven to be successful for the environmental assessment of the described cases. It is suggested here that weighting can be omitted for the evaluation of IPPC technologies. Leaving the weighting step to competent authorities of member states and allowing them to consider local issues provides maximum opportunity for the subsidiarity and flexibility principles of the IPPC Directive.

The new EU Directive on Port Reception Facilities for Ship-Generated Waste and Cargo Residues: an evaluation

Abstract: The aim of this paper is to evaluate the new (summer 2000) EU Directive on port reception facilities for ship-generated waste and cargo residues. Five key elements of this Directive are considered with respect both to their potential effectiveness relative to existing practices, and to suggested weaknesses. The elements are: the mandatory provision of reception facilities in all ports; the mandatory use of such facilities by all ships; notification requirements on all ships; a mandatory common charging system; and compliance provisions. On the basis of this analysis, conclusions are drawn about the effectiveness of the new EU Directive as an instrument for preventing marine pollution. Additional recommendations are made in light of weaknesses that are identified.

Do Artists Benefit from Resale Royalties? An Economic Analysis of a New EU Directive

Abstract: According to a new European Union directive, artists, whose works are resold, are entitled to a share of the sales price The principal aim of this initiative is to let the artists participate in the economic success of their work Our analysis shows that the new directive is most likely to place the artists in a worse economic position The analysis of the relation between the artist and his dealer as an incentive compatible contract leads to further objections against the new EU directive However, the paper also illustrates under which conditions a resale royalty is, at least, an incentive compatible contract JEL-Classification: K 11 Encyclopedia of Law and Economics:1610