Academic literature on the topic 'Environmental risk assessment – Law and legislation – European Union countries'
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Journal articles on the topic "Environmental risk assessment – Law and legislation – European Union countries"
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Zębek, Elżbieta. "Important issues in select European Union countries’ criminal environmental law in compliance with Directive 2008/99/EC." Vestnik of Saint Petersburg University. Law 12, no. 2 (2021): 356–73. http://dx.doi.org/10.21638/spbu14.2021.207.
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This article analyzes issues in criminal environmental law in Poland, the Czech Republic and Germany, which implemented the provisions of the European Commission Directive 2008/99/EC. The provisions of this directive changed the scope of protection of environmental resources in these countries’ penal codes to varying extents. These three countries have been relatively successful in comprehensively implementing criminal directive provisions. This included changes in the special protection of Natura 2000 sites and ozone depleting substances. Legal systems are generally based on prevention and risk assessment, and the basic conditions of criminal responsibility for environmental crimes include “significant damage, causing damage to the health of another or animals and plants, damage to other property and also water, air, soil and environmental components which have significant value”. Additional aspects include environmental damage over larger areas and restoration costs. However, the greatest current problem is the vague definition of conditions of criminal responsibility, which makes it difficult to enforce legislation. The following postulates de lege ferenda were formulated: clarify the premises for offenses against the environment, specify the costs of remedying environmental damage, define critical emission standards for environmental crime, as well as specify activities in protected areas that threaten objects. This article emphasizes that an increased and better definition of the conditions of criminal responsibility for environmental crimes enacted by EU countries may contribute to more effective enforcement of infringements of environmental protection law.
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Pajtić, Bojan. "The right to environmental protection in Serbia: Between ethics of good intention and ethics of responsibility." Zbornik radova Pravnog fakulteta, Novi Sad 55, no. 4 (2021): 1063–82. http://dx.doi.org/10.5937/zrpfns55-30732.
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The paper focuses on formal and practical problems in the field of environmental protection, which occur as a consequence of omissions of the legislative and executive authorities in Serbia. The text analyzes the positive legislation and compliance of domestic legal regulations with international declarations and conventions ratified by our country (from the Stockholm Declaration and the Council of Europe Convention on Civil Liability for Damage Caused by Dangerous Activities to the Environment to the Rio Declaration), as well as with European Directives (EU Directive on Industrial Emissions) and Regulations (Regulation No. 525/2013 on monitoring and reporting of greenhouse gas emissions and reporting on other information relevant to climate change). The candidacy for equal membership in the European family of nations obliges the Serbian Parliament and the Government to make additional efforts in the direction of harmonizing our law with the European one. The paper takes a de lege ferenda approach, so the author explains the need to amend a number of laws, such as the Law on Environmental Impact Assessment, the Law on Strategic Environmental Assessment, the Law on Fees for the Use of Public Goods and the Law on Budget system, as well as the enactment of the Law on Climate Change and the Serbian Civil Code as soon as possible (in which dilemmas that hinder the subjects of law in using the environmental lawsuit as an instrument of environmental protection should be resolved). An unacceptable deviation from one of the fundamental principles established by the Rio Declaration was pointed out, which brings with it a number of structural problems and the inability of both the Green Fund institutions and a number of organizations that focus on ecology. The consequences of the discrepancy between the intentions proclaimed by the Constitution of Serbia and the National Strategy of Serbia for the accession of Serbia and Montenegro to the European Union from 2005 on the one hand and the absence of adequate legislative and executive activities in environmental protection, on the other hand, are obvious in the reports of the European Commission and the European Environment Office, as well as in the health risk and increased mortality of a large number of citizens of Serbia and other European countries, due to harmful emissions that cause pollution of air, water and soil in our country. In addition to the proposals for changes in the formal framework in the field of environmental protection, the paper points out the need to use those mechanisms of civil protection, such as environmental lawsuits (established by the Law on Obligations 1978), which is, by its nature, actio popularis and in that sense accessible to the widest range of subjects. The defense of the standards established by the Kyoto Protocol and the Basel Convention would, through the extensive use of this procedural instrument, be placed not only in the hands of representatives of the legislature and the executive, but also, the judiciary (conditionally, of course, because courts can decide only initiate a civil action, but not on its own initiative).
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Sheate, W. R., and J. Romanillos Palerm. "Environmental Impact Assessment in the Czech Republic and Romania." European Energy and Environmental Law Review 5, Issue 1 (January 1, 1996): 15–22. http://dx.doi.org/10.54648/eelr1996003.
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The Czech Republic and Romania present two very different levels of development of environmental impact assessment ( EIA ) , even though both countries gained their independence in the same year (1989) and both have aspirations to join the European Union (EU). This article examines the various driving forces for EIA legislation, analyses the different EIA concepts and identifies the strengths and weaknesses of the two regimes. While the Czech Republic introduced an EIA Act in 1992 (based mainly on the EC Directive 851337jEEC), Romania has yet to draft any ElA-specific legislation. Furthermore, the concept of EIA in Romania is very different to that in the Czech Republic and the EU. While all indicators suggest that the Romanian EIA system is ineffective, little research has so far been carried out to verify this. The Czech Republic, by contrast, shares many weaknesses of its EIA system with those of EU countries. Both share common problems of many Central and Eastern European countries, including low or variable public environmental awareness, an immature NGO movement (but gaining in strength and experience), a history of minimal public involvement in decision-making, and internal conflicts within government which inhibit the development of EIA and wider environmental legislation.
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Zadorin, Maksim Y., Konstantin S. Zaikov, Nikita M. Kuprikov, and Mikhail Y. Kuprikov. "Legal and Economic Prospects for the Arctic Seaport Developments of the Northern Dimension Partner Countries (Russia and the European Union)." Sustainability 14, no. 4 (February 18, 2022): 2373. http://dx.doi.org/10.3390/su14042373.
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The article is devoted to the legal and economic aspects of Arctic seaport developments, using the example of the Russian Federation and the Northern Dimension (ND) partner countries, namely, Iceland and Norway. The authors consistently reveal all the specific points related to the legal regulation of Russian seaport management (ranging from international legal cooperation to domestic strategies and national legislation), and conduct an assessment of the economic prospects for Arctic port development according to the latest data and trends in the field of logistical flows. They also provide a description of the ND countries’ seaport developments, primarily economic, taking into account the global environmental agenda. In conclusion, the authors make their constructive proposals for multilateral cooperation in this area.
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Black, Robert. "Reforming Biosecurity Legislation in Developing Countries: Increasing Market Access or Maintaining Unequal Terms of Trade?" Journal of World Trade 53, Issue 5 (October 1, 2019): 833–54. http://dx.doi.org/10.54648/trad2019033.
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This article explores the challenges faced by developing and transitional countries (For the purposes of this article, Former Soviet Union (FSU) countries now mostly in the Commonwealth of Independent States (CIS), with the exception of the Russian Federation itself, are included in the term ‘developing countries’.) in international trade in agricultural goods and other natural resource products in compliance with the normative framework of the World Trade Organisation, and in particular of the Agreement on the Application on Sanitary and Phytosanitary Measures (‘SPS Agreement’). It details the legislative and administrative measures, as justified by ‘scientific evidence’ and ‘risk assessment’, that a WTO member may take to prevent the importation of unsafe food and animal feed, and pests and disease organisms. As well as considering the policy implications and constraints to relevant legislative reform, the article also draws on the author’s experience in biosecurity legislative review and drafting in Africa, Caribbean, Eastern Europe and Central Asia using the umbrella concept of ‘biosecurity’ to reflect on the challenges facing drafting of legislation consistent with the normative international frameworks for biosecurity. Taken into account is the impact of the SPS Agreement on the terms of food trade imposed on developing countries and the connection between international trade and environmental protection.
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Bleeker, Arne. "Does the Polluter Pay? The Polluter-Pays Principle in the Case Law of the European Court of Justice." European Energy and Environmental Law Review 18, Issue 6 (December 1, 2009): 289–306. http://dx.doi.org/10.54648/eelr2009024.
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The principle that the “polluter should pay” has been one of the guidelines of EC environmental policy for decades. Nonetheless, a number of problems continue to stand in the way of its effective application. Most importantly, the principle itself does not define who the polluter is, what pollution is or to what extent the polluter needs to pay. This article is an assessment of the role the European Court of Justice (ECJ) has played in answering these questions. It is argued that the Court has adopted an extensive interpretation of the principle, especially in the recent Erika judgment. In that sense, the ECJ has certainly contributed to a more effective and enforceable polluter-pays principle in the EC legal order. However, the impact of the ECJ’s interpretation is of course limited by the boundaries set by EC legislation. Policies are needed to move towards a European Union in which the polluter actually does pay. Judgments can only serve to buttress and clarify such legislation. This article provides a comprehensive analysis of the three main cases in which the ECJ has been called upon to interpret the polluter-pays principle (Standley, Van de Walle and Erika). The focal point is the Erika judgment, as this is both the most recent and most far-reaching. In all three judgments, the Court emphasizes that any application of the principle has to be proportional. Polluters cannot be asked to pay for pollution damage beyond their contribution to the creation of that pollution. The Court has not shied away from defining “pollution” in a broad sense in both Van de Walle and Erika. Establishing who the “polluter” is, however, has proven far more difficult. Of particular interest is whether the producer of the product might be held liable in the case of the accidental creation of pollution, such as an environmental disaster. In the Erika case, the Court very significantly introduces a risk liability standard; product producers might be deemed “polluters” solely on the basis of their contribution to the risk of pollution. This is a significant development from Van de Walle, in which the Court considered a direct causal link or negligent behaviour necessary for product producer liability. In addition, Erika underlines that Member States cannot limit the scope of the polluter-pays principle in EC secondary legislation, even if this leads to a contradiction with a Member State’s international obligations such as the International Oil Pollution Compensation regime. In short, the Erika judgment builds on Standley and Van de Walle but adds significant impetus to the polluter-pays principle at the EC level. However, the risk liability standard it establishes will be difficult to apply and it remains to be seen how the legislator will react to the Court’s extensive interpretation.
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Krzystyniak, Krzysztof L., M. Obiedziński, H. Kalota, and A. Marszałek. "Restriction on human exposure to xenobiotics: theory and practice." Health Promotion & Physical Activity 2, no. 3 (June 30, 2017): 55–68. http://dx.doi.org/10.5604/01.3001.0010.7722.
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Exposure to environmental xenobiotics, which influence the everyday life of all humans in our times, has become a subject of intensive analysis by scientists, authorities of environmental hazards, state authorities and authors of legislation. Toxicological risk assessment of chemicals in contaminated food and water as well as polluted air is expressed in basic ‘toxic units’. A broad-scale human biomonitoring (HBM) for environmental toxicants is the strategy of a cause-effect analysis of chemical exposure to environmental xenobiotics. HBM demonstrates the relationships between exposure to xenobiotics and the following health disorders: obesity, impaired reproduction, type 1 diabetes (T1D), autism, cancers and other diseases in the society. Developing effective toxicological tools and legislative standards is expected to help in eliminating endocrine disruptor chemicals (EDCs), which cause infertility. The exceptional category of xenobiotics, which highly influences human health, and is treated as a priority problem to be controlled in the European Union, form genotoxic carcinogens. According to a current assessment, hundreds of chemical xenobiotics and their metabolites, in the minimum detectable quantity, mostly all of anthropogenic origin, can be found in the organisms of inhabitants in western countries. Despite the permanent presence of xenobiotics in human environment, it is worth taking into consideration practical methods to limit and avoid contacts with environmental chemicals. It concerns the provision of water and air filters, the thermal processing of food, the selection of food products, and other aspects of everyday life.
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Kuryndin, A. V., A. S. Shapovalov, N. B. Timofeev, and A. L. Vernik. "On the Regulation of Liquid and Airborne Radioactive Discharges of the Industrial Enterprises that do not Use Atomic Energy." Occupational Safety in Industry, no. 1 (January 2021): 88–93. http://dx.doi.org/10.24000/0409-2961-2021-1-88-93.
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In accordance with the legislative framework of the system for regulating liquid and airborne discharges of radioactive substances into the environment in force in the Russian Federation, this system is equally designed to regulate discharges of the radionuclides of both artificial and natural origin. The mechanisms of radiological impact of the discharges of natural origin radionuclides on the environment and population do not have any specificity in comparison with the ones of artificial origin radionuclides. Nevertheless, to date, the law enforcement of the Russian system for regulating discharges of the radioactive substances is applied only in relation to the discharges of the radionuclides of artificial origin carried out by nuclear facilities. At the same time, regulation of the discharges of natural origin radionuclides, in accordance with the safety standards of the International Atomic Energy Agency, is the best practice in the field of environmental protection, and the levels of radiation exposure, which characterize such discharges, are not low enough to be neglected. Regulation of the discharges of natural origin radionuclides is provided for in the norms of the European Union and is practically applied in the number of countries of the European Union, where the legislation provides for the regulation of activities, in which the raw materials containing radionuclides of natural origin are used, and the types of economic and other activities subject to this regulation are determined. The Russian system of regulation of discharges of the radioactive substances into the environment is built on the same basic principles and criteria that underlie foreign regulation systems, and which are recommended by the International Atomic Energy Agency. The regulatory and methodological base formed to date in the Russian Federation contains all the required legal mechanisms for the regulation of discharges of the radioactive substances from nuclear facilities, is based on the best international practices and fully complies with the standards of the International Atomic Energy Agency.
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Bordean, Despina-Maria, Luminita Pirvulescu, Mariana-Atena Poiana, Ersilia Alexa, Antoanela Cozma, Diana Nicoleta Raba, Aurica Breica Borozan, et al. "An Innovative Approach to Assess the Ecotoxicological Risks of Soil Exposed to Solid Waste." Sustainability 13, no. 11 (May 29, 2021): 6141. http://dx.doi.org/10.3390/su13116141.
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The adoption of sustainable waste management strategies is a challenge faced by most European countries, mainly due to the need to generate less waste and replace landfills with new methods of waste treatment, associated with increases in the separate collection of waste and recycling rates. This paper highlights the significance of environmental legislation regarding waste removal to protect ecosystems. The aim was to predict ecological responses to heavy metals in soil exposed to hazardous waste and to identify environmental hazards in landfills, small illegal waste dumps, and litter, in addition to identifying if heavy metal accumulation in the investigated soil samples showed a single or cumulative risk. This is an innovative method to predict the ecological risk generated by hazardous waste landfills. The assessment of ecological risks was based on the evaluation of a heavy metal soil contamination factor, pollution index of soil loadings, a geo-accumulation index for heavy metals, and potential ecological risk. The current study is also the first to attempt to identify the dimension of risk based on the type of waste deposit (landfill, small illegal waste dump, and litter) and to identify potential patterns. The geological index corresponding to cadmium Igeo(Cd) showed heavy contamination in the soil samples from the landfill and moderate contamination for those from the illegal waste dumps. These findings indicate that soil contamination is influenced by contamination time, anthropogenic processes, and a history of industrial activity, and not only by waste composition and storage. The present study shows that cadmium might be considered a latent fingerprint for waste disposal, which is correlated to the industrialization level and rehabilitation procedures.
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Oelze, Ilse-Barbara, Kurt Neeser, and Elvira Müller. "PP31 Medical Device Regulation: What Is New?" International Journal of Technology Assessment in Health Care 35, S1 (2019): 42–43. http://dx.doi.org/10.1017/s0266462319001958.
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IntroductionIn 2017, the European Union (EU) commission released the final versions of the Medical Device Regulation (MDR) and In-vitro Diagnostic Device Regulation. These regulations will replace the EU directives (Medical Device Directive [MDD], In-vitro Diagnostic Device [IVDD], and Active Implantable Medical Device [AIMD]). EU regulations are effective in all EU countries at date of publication. In contrast, the EU directives must be implemented in national law first.MethodsGuidelines and respective legislation, consultation results and methods/medical device (MD) evaluations were reviewed and analyzed. Decision criteria and reasoning, assessment outcomes and potential impact on price negotiations were the main aspects for comparison.ResultsManufacturers have to be aware of the importance of clinical data for demonstrating the compliance of their products. This applies both to the approval of the products and the “post-market activities” and particularly to the “post-market clinical follow-up” for which requirements for Class I and II products need to be further developed. The MDR requires manufacturers to collect clinical data before and after approval, which could lead to excessive documentation requirements. The term “sufficient clinical data” from the MDR is unclear. A functional Eudamed specification is necessary, which enables an automated processing of relevant data. A stronger involvement in the evaluation process is needed as well as more transparency in the Joint Federal Committee (G-BA) and faster evaluation processes.ConclusionsThe MDR increases the burden especially for small businesses, and it is doubtable that the ultimate goal – improving patient safety – will be achieved. The increased demands and rising costs of the new EU MDR and bottlenecks at Notified Bodies can be a risk for the MD industry. Due to the general reduction in the remuneration for services with a high proportion of technical services, it is feared that products will be withdrawn from the market for economic reasons or that they will not be marketed.
Books on the topic "Environmental risk assessment – Law and legislation – European Union countries"
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Associates, Peter Fisk. Chemical risk assessment: A manual for REACH. Chichester, West Sussex, United Kingdom: Wiley, 2014.
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Jane, Holder, and McGillivray Donald 1967-, eds. Taking stock of environmental assessment: Law, policy and practice. Milton Park, Abingdon, OX: Routledge-Cavendish, 2007.
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United States. Government Accountability Office. Chemical regulation: Comparison of U.S. and recently enacted European Union approaches to protect against the risks of toxic chemicals : report to Congressional requesters. Washington, D.C: United States Government Accountability Office, 2007.
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Holder, Jane, Donald McGillivray, and Christopher Campbell-Holt. Taking Stock of Environmental Assessment. Taylor & Francis Group, 2007.
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Effective Judicial Protection And the Environmental Impact Assessment Directive in Ireland. Hart Pub, 2008.
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Fisk, Peter. Chemical Risk Assessment: A Manual for REACH. Wiley & Sons, Incorporated, John, 2013.
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Fisk, Peter. Chemical Risk Assessment: A Manual for Reach. Wiley & Sons, Incorporated, John, 2013.
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Fisk, Peter. Chemical Risk Assessment: A Manual for REACH. Wiley & Sons, Limited, John, 2013.
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Fisk, Peter. Chemical Risk Assessment: A Manual for REACH. Wiley & Sons, Incorporated, John, 2013.
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Fisk, Peter. Chemical Risk Assessment: A Manual for REACH. Wiley & Sons, Incorporated, John, 2013.
Find full textBook chapters on the topic "Environmental risk assessment – Law and legislation – European Union countries"
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Hauschild, Rüdiger, and Willem J. Ravensberg. "Key issues in the regulation of microbial bioprotectants in the European Union: challenges and solutions to achieve more sustainable crop protection." In Microbial bioprotectants for plant disease management, 187–222. Burleigh Dodds Science Publishing, 2021. http://dx.doi.org/10.19103/as.2021.0093.07.
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Microbial bioprotectants, like chemical pesticides, are required to pass a risk assessment and risk management procedure prior to use in plant protection, which in many countries is an obstacle for market access, in particular, the European Union. Administrative issues and data requirements, adapted from those used for chemicals, cause issues for both applicants and evaluators. These issues are reviewed and improvements are proposed. Biology should be the basis of the evaluation and data requirements for microorganisms, with an emphasis in this chapter on microbial compounds and testing methods. Political actions involving the use of pesticides are reviewed and recommendations are made on how to improve the system for microbial bioprotectants, including new uses. New legislation is suggested for all microorganisms used in agriculture and related uses based on the assumption that well-known microorganisms are of low risk to human health and the environment.