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Implementation of EC law

Implementation of EC law. Regulations, decisions: directly applicable But May require further MS regulation Therefore comes into force ‘on the 3 rd day’ but ‘applies 15 months later’ Create direct effects Effect of annulment great. Implementation EC law. Directives:

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Implementation of EC law

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  1. Implementation of EC law Regulations, decisions: directly applicable But May require further MS regulation Therefore comes into force ‘on the 3rd day’ but ‘applies 15 months later’ Create direct effects Effect of annulment great

  2. Implementation EC law Directives: • binding as to result (art 249) • But • Precise transposition necessary to achieve uniform application over all MSs • Not every provision • All provisions creating rights and obligations for individuals • May be implied • All parts of transposing legislation must be binding • Comm v Germany TA Luft 361/88, 59/89 • All national provisions must be notified • Comm v Germany Bundesnaturschutzgesetz

  3. Enforcement EC env law • Initially – up to MS • ECJ has provided min requirements: • Proportionate, effective, dissuasive penalties (not symbolic) • MSs must have system of state liability • Francovich • Few EC measures contain enforcement methods • Therefore MS enforcement methods differ significantly • ECJ: MSs owe an env result • Comm v UK Blackpool case (p 52-61) • Commission may start infringement proceedings

  4. Enforcement - direct effect of EC env law • Van Gend C 26/62 • Must be unconditional, sufficiently precise • Not always necessary to show that substantive rights have been affected • Kraaijeveld C 72/95 • Primary Treaty law: • Arts. 25, 28, 29, 30, 81, 82, 90

  5. Enforcement - direct effect • Directives: • Once transposed • Product standards - yes • Ratti C 148/78 • Minimum harmonisation measures, eg emission standards - yes • Framework directives – no • Lombardia waste case C236/92 • Discretion directives- maybe • WWF v Bolzano C 435/97 • Pp 61-62, 63-64, 67-71

  6. Direct effect • Direct effect and state liability • Francovich: • Sufficiently serious breach • Must confer rights on individual • Causal link • No horizontal direct effect • Indirect effect • Little third party protection against EC env measures

  7. Direct effect and criminal law • Pp 79-87 C 168/95

  8. State aid and env ECT Arts 87-88 • What is aid? • Direct grants • Indirect tax relief, subsidies • MS must notify Commission (art 88(3)) • MS must show benefit to env • From public resources • Only prohibited if distorts trade Guiding principle: polluter pays art 174(2)

  9. State aid and env Commission guidelines 2002-2007 • Investment aid • To comply with new env standards, up to 15% of total • Cartiere della Garda L273/51 • Training/consultancy re increasing env awareness • Operating aid • Waste management, energy saving, tax exemptions • Temporary, degressive • All limited • Funds available: • Structural funds (Reg 2052/88) • Life (Reg 1973/92) • Cohesion fund (art 161 ECT)

  10. Environmental taxes • art 90 ECT: no direct/indirect taxation in XS of domestic • No discrimination • Comm v Italy C 21/79 re regenerated oil • Outokumpu Oy C213/96 (pp120-127 Kr) • Env protection legitimate for tax differentiation but no discrimination • This hinders trade

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