Contents:

Part I Introduction Chapter 1 - - Introduction. 1 Background 2 Aim, method, design and scope of the research Part II Status of Article 6 EC Chapter II The Content of Article 6 EC. 1 Introduction 2 Genesis of Article 6 EC and enumeration of similar Treaty provisions 2.1 Intro 2.2 Development of the integration idea, insertion and further evolution in the EC Treaty 2.3 Recent policy initiatives relating to the integration principle 2.4 Similar clauses in the EC Treaty 3 Scope ratione personae 3.1 Introduction 3.2 The wording of Article 6 EC 3.3 Relevant case law 3.4 Three additional comments 3.4.1 Introduction 3.4.2 Integration through implementation 3.4.3 Environmental Action Programmes and Declarations 3.4.4 The effect of the principle of Community loyalty or solidarity 3.4.5 Similar obligations in other legal instruments 3.5 Summary 4 Scope ratione materiae 4.1 Introduction 4.2 Discussion before the Treaty of Amsterdam 4.3 Wording currently in force: the Amsterdam version 4.4 Limited to EC policies and activities? 4.5 Summary 5 Scope ratione temporis 5.1 Introduction 5.2 ‘Definition’ of Community policies and activities 5.2.1 (Integration at the) Policy-design stage 5.2.2 Adoption by the Council/Council & Parliament 5.3 ‘Implementation’ of Community policies and activities 5.3.1 Implementation of Community legislative norms 5.3.1.1 Implementation by the Member States 5.3.1.2 Implementation by the Council and Commission 5.3.1.3 Implementation includes enforcement 5.3.2 Implementation through ‘other reviewable acts’ 5.3.3 Involvement of (other) committees 5.4 Summary 6 Ratio legis 6.1 Introduction 6.2 Evolution of the concept of ‘sustainability’ in EC/EU Treaties 6.2.1 Paris, Rhodes, Dublin and Rome Summit 6.2.2 After the Treaty of Maastricht 6.2.3 The Treaty of Amsterdam 6.3 The sustainable development concept in international law 6.3.1 The Brundtland definition and its aftermath 6.3.2 Four recurring elements in international agreements 6.3.3 Strong and weak versions of sustainable development 6.3.4 A commonly accepted (legal) definition and the vagueness of the wording 6.4 The meaning of the concept in EU/EC law 6.4.1 Definitions of sustainable development in EC law and policy 6.4.1.1 Definitions in the context of the EC cooperation policy 6.4.1.2 Definition in environmental action programmes 6.4.1.3 Definition in specific policy documents 6.4.2 Core meaning and importance of the concept in and for EC law and policy 6.4.2.1 Core meaning of the concept in EC law and policy 6.4.2.2 Political importance of the concept for EC law and policy 6.4.2.3 Legal importance or relevance of the concept in EC legal order 6.5 Summary 7 What are environmental protection requirements? 7.1 Introduction 7.2 Views in literature and own views 7.2.1 Various possible interpretations 7.2.2 All of the objectives in Article 174, 1 EC 7.2.3 The environmental ‘principles’ and ‘criteria’ 7.2.4 Environmental policy? 7.3 Summary 8 What is integration? 8.1 Introduction 8.2 Views in literature 8.2.1 ‘Take into account’ versus ‘observe’ 8.2.2 Priority issue or interpretation 8.3 Priority interpretation of the integration concept 8.4 Two other interpretations of the integration concept 8.4.1 Introduction 8.4.2 Weak interpretation: ‘must be taken into account’ 8.4.3 Strong interpretation: ‘must be observed’ 8.4.4 Application of the two different interpretations to an example 9 Conclusions 9.1 Arguments in favour and against the two possible interpretations: most plausible interpretation 9.1.1 Introduction 9.1.2 In light of the wording and a comparison with similar clauses 9.1.3 In light of the aim of the principle 9.1.4 In light of relevant case law of the ECJ 9.1.5 Comments: the most plausible interpretation and the underlying idea 9.2 Summary Chapter III The Legal Consequences of Articles 6 and 174 EC. 1 Introduction 2 Views in literature 2.1 Interpreting the SEA version of the provisions 2.1.1 Article 130r, 1 EC: the environmental objectives 2.1.2 Article 130r, 2 first sentence EC: the environmental principles 2.1.2.1 Principles of preventive action, rectification at source and polluter pays 2.1.2.2 High level of protection and subsidiarity: also environmental principles? 2.1.2.3 Article 130r, 2 second sentence EC: the ‘Querschnittsklausel’ 2.1.3 Article 130r, 3 EC: the environmental criteria 2.2 More recent literature 2.2.1 Article 6 EC: the integration principle or clause 2.2.2 Article 174, 1 EC: the environmental objectives 2.2.3 Article 174, 2 EC: the environmental principles 2.2.3.1 Two new principles: a high level of protection and the precautionary principle 2.2.3.2 Views on all the environmental principles of Article 174, 2 EC 2.2.3.3 Subsidiarity principle 2.2.4 Article 174, 3 EC: the environmental criteria 2.3 Summary 2.3.1 Different views, various criteria and confusing terminology 2.3.2 Article 6 EC: different norm, different implications? 2.3.3 Search for answers in jurisprudence 3 Rules and principles in legal theory 3.1 Introduction 3.2 Hart and Positivism 3.3 Dworkin’s Distinction 3.3.1 A ‘general’ attack on positivism 3.3.2 Rules versus principles 3.3.3 Legal principles versus non-legal principles 3.4 Answer of Hart to Dworkin’s Criticism 3.5 Re(de)fining Hart and Dworkin and principles in the EC legal order 3.6 Application of legal theory to the provisions in Articles 6 and 174 EC 3.6.1 Intro: can principles be part of a legal order? 3.6.2 Are the provisions in question rules or principles? 3.6.2.1 Article 174 EC 3.6.2.2 Article 6 EC 3.6.3 Are the provisions in question legal or non-legal principles? 3.7 Summary and next step 4 Legal consequences as appears from case law of the ECJ 4.1 Introduction 4.2 Overview of relevant case law 4.2.1 The case law in relation to all the provisions 4.2.1.1 Peralta case 4.2.1.2 Safety Hi-Tech and Bettati cases 4.2.2 Case concerning the high level of protection principle 4.2.3 Cases concerning the prevention and the precautionary principles 4.2.3.1 Mondiet case 4.2.3.2 Cases concerning wild birds, British beef and brown bees: the difference between precaution and prevention 4.2.3.3 GMO case 4.2.3.4 Waste law cases 4.2.3.5 Summary 4.2.4 Case concerning the rectification at source principle 4.2.5 Case concerning the polluter pays principle 4.2.6 Case concerning the integration principle 4.2.7 Summary and next step 4.3 Analysis: direct and indirect legal consequences of Articles 6 and 174 EC 4.3.1 Introduction 4.3.2 The direct legal consequences 4.3.2.1 Criterion of validity of Community legislation 4.3.2.2 The role of the integration principle in the legal basis discussion 4.3.2.3 Limits to bringing an action on the basis of the environmental provisions 4.3.3 The indirect legal consequences 4.3.3.1 Introduction 4.3.3.2 Interpretation of EC environmental law in light of Article 174 EC 4.3.3.3 Interpretation of EC non-environmental law in light of Article 174 EC 4.3.3.4 Lacunae-filling interpretation 4.4 Summary 5 Conclusions Part III Integration in Practice Chapter IV Methodology of Examining Integration in Practice. 1 Introduction 2 Research aim and method 3 Scope of the research 4 Terminology 5 Design of the ‘sectoral’ chapters . Chapter V The Common Agricultural Policy and the Environment. 1 Introduction 2 Characteristics of the agricultural sector 2.1 Economic importance and specific features of the sector 2.2 Effects on the environment 2.2.1 Introduction 2.2.2 Negative effects of the agricultural sector 2.2.3 Positive effects of the agricultural sector 2.2.4 The net balance and interdependence 2.2.5 Summary and next step 3 The Common Agricultural Policy (CAP) 3.1 Development of the EC Treaty Title on the CAP 3.1.1 The need for a common agricultural policy 3.1.2 The Treaty provisions on the CAP: primary agricultural law 3.1.3 The first years of the CAP 3.1.4 Financing of the CAP 3.1.5 Competition and State aid rules 3.1.6 Producer and interbranch organisations 3.2 Main features of the market and price policy 3.2.1 The market and price policy as originally developed 3.2.2 The market and price policy in the 70s and early 80s 3.2.3 Reform of the market and price policy prior to 1992 3.2.4 The 1992 reform of the market and price policy 3.2.5 The Agenda 2000 reform of the market and price policy 3.3 The main features of structural measures 3.3.1 Introduction 3.3.2 Improving the efficiency of agricultural structures 3.3.3 Disadvantaged and problem regions or (agriculturally) LFAs 3.3.4 Processing and marketing conditions for agricultural products 3.3.5 Forestry measures 3.3.6 Environmentally Sensitive Areas (ESA) and agri-environment measures 3.3.7 Organic production 3.4 Approximation of laws: plant protection products legislation 3.5 Agricultural research 3.6 Main features of secondary ‘agriculture-specific’ environmental legislation 4 Integration of environmental protection requirements into the CAP 4.1 Introduction 4.2 Are the most environmentally damaging practices encouraged? 4.2.1 By way of direct regulation? 4.2.2 By way of economic/market-based instruments? 4.2.2.1 Price support, direct aid and quotas 4.2.2.2 Structural aid 4.2.3 By way of promoting R&D? 4.3 Are environmentally friendly and/or the least environmentally damaging practices encouraged? 4.3.1 By way of direct regulation? 4.3.1.1 By way of (traditional) c&c legislation 4.3.1.2 By way of cross-compliance? 4.3.1.3 Declaration of generally binding 4.3.2 By way of economic/market-based instruments? 4.3.2.1 Instrument of financial aid 4.3.2.2 By way of other economic/market-based instruments? 4.3.3 By way of promoting R&D, information exchange and/or training? 4.3.3.1 Supporting R&D 4.3.3.2 Information and training programmes 4.4 Comments 4.4.1 Introduction: the CAP objectives and the environment 4.4.2 Integration failures 4.4.3 Integration efforts (incl. nature of instruments used) 4.4.4 Net balance and future action 5 Conclusion Chapter VI The Common Transport Policy and the Environment. 1 Introduction 2 Characteristics of the transport sector 2.1 Economic importance and specific features of the sector 2.2 Effects on the environment 3 The Common Transport Policy (CTP) 3.1 Development of the EC Treaty title on the CTP 3.1.1 The need for a Common Transport Policy 3.1.2 The Treaty provisions on the CTP: primary transport law 3.1.3 Relationship with the general rules of the EC Treaty 3.1.4 The initial development of a transport policy for the EC 3.2 Main features of secondary transport law 3.2.1 Introduction 3.2.2 Market operation 3.2.2.1 Market access 3.2.2.2 Access to the occupation and recognition of diploma’s 3.2.2.3 Transport prices and terms 3.2.3 Fiscal harmonisation 3.2.4 Social harmonisation 3.2.5 Harmonisation of technical and safety specifications 3.2.5.1 Introduction 3.2.5.2 Road transport 3.2.5.3 Railways 3.2.5.4 Inland waterways 3.2.5.5 Air transport 3.2.5.6 Maritime transport 3.2.6 Transport infrastructure 3.2.6.1 Introduction 3.2.6.2 Coordination of infrastructure investment 3.2.6.3 Transport infrastructure charging 3.2.6.4 Traffic management 3.2.6.5 Spatial planning 3.2.7 Transport research 3.3 Main features of secondary ‘transport-specific’ environmental legislation 4 Integration of environmental protection requirements into the CTP 4.1 Introduction 4.2 Are the most environmentally damaging practices encouraged? 4.2.1 By way of direct regulation 4.2.2 By way of economic/market-based instruments? 4.2.2.1 Instrument of financial aid 4.2.2.2 Other economic instruments 4.2.3 By way of promoting R&D 4.3 Are environmentally friendly and/or the least environmentally damaging practices encouraged? 4.3.1 By way of direct regulation? 4.3.1.1 By way of (traditional) c&c legislation 4.3.1.2 By way of cross-compliance 4.3.2 By way of economic/market-based instruments? 4.3.2.1 Financial support to the deployment of ITS 4.3.2.2 Fiscal instruments 4.3.3 By way of promoting R&D, information exchange and/or training 4.3.3.1 R&D and demonstration projects 4.3.3.2 Information exchange and training 4.4 Comments 4.4.1 Introduction: the CTP objectives and the environment 4.4.2 Integration failures 4.4.3 Integration efforts (incl. nature of instruments used) 4.4.4 Net balance and future action 5 Conclusion Chapter VII The EC Energy Policy and the Environment. 1 Introduction 2 Characteristics of the energy sector 2.1 Economic importance 2.2 Effects on the environment 3 The European Community energy policy 3.1 Development of the EC energy policy 3.1.1 The need for an EC energy policy 3.1.2 The Treaty provisions on the EC energy policy: primary energy law 3.2 Main features of secondary energy law 3.2.1 Introduction 3.2.2 Economic policy measures: oil crisis measures 3.2.3 Market operation 3.2.3.1 Market access 3.2.3.2 Price transparency regulation 3.2.4 Fiscal harmonisation 3.2.5 Technical harmonisation 3.2.5.1 Introduction 3.2.5.2 Harmonisation of fuel quality standards 3.2.5.3 Harmonisation of energy efficiency standards (incl. labelling) 3.2.6 Energy infrastructure 3.2.7 Energy R&D and demonstration programmes 3.3 Main features of secondary ‘energy-specific’ environmental legislation 4 Integration of environmental protection requirements into the EC energy policy 4.1 Introduction 4.2 Are the most environmentally damaging practices encouraged? 4.2.1 By way of direct regulation? 4.2.2 By way of economic/market-based instruments? 4.2.3 By way of promoting R&D, information exchange and/or training 4.3 Are environmentally friendly and/or the least environmentally damaging practices encouraged? 4.3.1 By way of direct regulation? 4.3.1.1 By way of (traditional) c&c legislation 4.3.1.2 By way of cross-compliance 4.3.2 By way of economic/market-based instruments? 4.3.3 By way of promoting R&D, information exchange and/or training 4.4 Comments 4.4.1 Intro: the energy objectives and the environment 4.4.2 Integration failures 4.4.3 Integration efforts (including nature of instruments used) 4.4.4 Net balance and future action 5 Conclusion Part IV Conclusions Chapter VIII Comparative Analysis and Evaluation of the Integration. 1 Introduction 2 Various types of integration: strength of the integration 2.1 Various integration types 2.1.1 Intro 2.1.2 No conflict situation 2.1.3 Conflict situation 2.2 Evaluation and comparison of the strength of the integration (in conflict situations) 3 The nature of the instruments used to integrate: form of the integration 4 Link with theory: is the integration sufficient? Chapter IX Summary and Concluding Remarks. 1 Summary 2 Concluding remarks Bibliography Table of Cases Evolution Relevant EC Treaty Provisions Abbreviations Index Samenvatting

Reviews

Book reviews - European Environmental Law Review 2004, p. 89-92 by Massimiliano Montini; - Journal of Environmental Law, 2004, p. 149-151 by Matthew Humpreys.