EU Treaty

If REACH allows the continued production of chemicals of very high concern under a provision for adequate control, even when intrinsically less hazardous substitutes are available, it will not provide the high level of protection for human health and the environment required underthe EU Treaty. 

The Committee drew attention to the fact that the PP allows authorities to extend their policing powers, and that the implementation of this concept will have major implications at the international level inasmuch as It enables countries to temporarily suspend their free trade commitments. The precautionary principle gives countries a sovereign right—and makes them the sole arbiter—on matters affecting the safety of their nationals. There is thus a stark contradiction with the EU Treaty. 21... 

The Court of Justice ensures compliance with the common rules in the EU, and settles disputes over how the EU treaties and legislation are interpreted. Member State courts must ask the Court of Justice when they are in doubt about how to apply EU rules. Individual persons can also bring proceedings against EU institutions before the Court. 

The EU research policy finds its legal basis in the EU Treaty. 

In this context one should keep the principle of subsidiarity in mind. What is subsidiarity The EU treaty (article 3b) describes it as follows ... 

Currently a diversity of regulatory requirements applies in the EU member states. Harmonization is being sought but will inevitably take time. In the interim period the principle of mutual recognition, derived from Articles 30-36 of the EU Treaty, plays an important role in the operation of the single... 

A different system applies to the creation oflegislationat EU level. The EU is based on a series of treaties between member states, which are comparable to constitutional law at national level. Three institutions are involved in the creation of EU law (i) The European Gommission (ii) The Council of the European Union and (iii) The European Parliament. 

Proposals for the EU to press for nine hazardous substances to be banned or severely restricted under two international treaties on persistent organic pollutants were issued by the European Commission in August. The substances include polychlorinated naphthalenes and the flame retardant pentabromodiphenyl ether, concentrations of which were recently found to be rising in the Arctic environment and wildlife. 

In 2000, the European Commission issued a communication on the precautionary principle (EU 2000), in which it adopted a procedure for the application of this concept. The precautionary principle is not defined in the treaty, which prescribes it only once - to protect the environment. But in practice, its scope is much wider, beyond that of environmental policy, and, specifically where preliminary objective scientific evaluation, indicates that there are reasonable grounds for concern that the potentially dangerous effects on the environment, human, animal, or plant health may be inconsistent with the high level of protection chosen for the Community. The precautionary principle is implemented, for example, in the EU food law and also affects, among others, policies relating to consumer protection, trade and research, and technological development. 

The ruling Swedish political establishment is, of course, well aware that issuing restrictions based on its own extremist version of the PP may cause serious international complications. In particular, the EU Commission as well as the WTO can be expected to raise objections about Sweden introducing non-tariff barriers to trade. To head off complaints appearing before the European Court of Justice and WTO, Sweden has devised various subtle means to circumvent its international obligations under, for instance, the articles on the Free Movement of Goods as stipulated by the 1957 Treaty of Rome. 

EUR-Lex 2003. Protocol on Protection and Welfare of Animals, . Office for Official Publications of the European Communities, Luxembourg. 

Thus, it is suggested that the free allocation of allowances under the EU ETS does indeed amount, prima facie, to the grant of State aid under the rules of the EC Treaty. 

Finally, a legislative strategy could be devised to deal with the issues raised by State aid law in this field. As with the current EU ETS Directive, the relevant legal basis under the EC Treaty for such legislation would be Article 175(1) EC, which would require a proposal from the Commission and the involvement and ultimate joint agreement of the Council and the European Parliament under the so-called co-decision procedure of Article 251 EC. If this is the only way in which to achieve the desired changes, it is vital that moves begin as soon as possible this process can be... 

Seethe EU ETS Directive, Recital 23 ( without prejudice to Articles 87 and 88 EC), Article 11(3) and Para. 5 of its Annex III. Indeed, it seems unlikely that the relevant provision in the EC Treaty (Article 175(1) EC, which conferred power upon the EC to adopt environmental legislation such as the EU ETS Directive) would allow the adoption of any wholesale exemption that would not be compatible with the provisions on State aid. 

In many cases disciplinary actions will involve discussion with the relevant trade unions. This will depend on many factors including whether unions enjoy full negotiating or representational rights with the company. In most countries of the EU such rights are enshrined in the Social Chapter but not all countries are signatories to this part of the treaty. Negotiations with trade unions will be lead by the HR function. A Manager needs to be aware of the procedures to be followed within the company and not take unilateral action. 

Special attention should be drawn to the complicated problems existing in the Russian-Ukrainian relations in the Black Sea. The most acute for the Ukrainian side is the problem of the presence of the Russian Black Sea Navy on its territory. Regardless of the treaty concluded between these countries, under which the Russian Navy is entitled to rent navy bases on the territory of Ukraine in Crimea until 2017, the Ukrainian side advances newer and newer demands concerning actual location of forces and means of the Russian Navy on its territory. Such a policy pursued by the Ukrainian side and spearheaded to sharpening of bilateral relations in the region is an attempt to consolidate its cooperation with EU and the USA at the expense of the relations with Russia. In its relations with the EU, Ukraine sees the perspectives of political cooperation overlooking here the issues of political stability in a wider geopolitical context. 

Table 3.6 EU Directives referring to article 100 of the Treaties of the European Community, covering the harmonization of standards in the field of explosion protection...

---