Yearbook of International Environmental Law - Vol. 7

By Günther Handl; Jutta Brunnée et al. | Go to book overview

require an EIA procedure for projects listed in Annex II of the Directive. However, even with Statute Order No. 1166, 1996 in place, it is unclear whether or not Danish Authorities actually comply with the requirements for EIA concerning Annex II projects. Although the European Court of Justice ( ECJ), in Kraaijeveld (C 72/95, October 24, 1996), required that national guidelines on the application of EIA to Annex II projects include projects with major environmental impact, the Danish Nature Protection Board of Appeal, by judgment of June 1996, rejected demands from an environmental organization for an EIA before a deposit of 75,000 cubic meters of contaminated soil in the coastal area at Oeresund could be established. A complaint has been sent to the EU Commission.

In December, a decision was finally rendered in Greenpeace v. Minister for Transportation (see 6 YbIEL 410 ( 1995)), a case concerning the application of the exception in Art. 1(5) of the EIA Directive regarding a project "the details of which are adopted by a specific act of national legislation." The Higher Court concluded that there was no reason to refer the interpretation of the derogation clause for a preliminary ruling by the ECJ. The case is now on appeal to the Danish Supreme Court.


(3) National Legislation of International Significance

Environmental taxes and charges remained a major focus of domestic legislative activity. Parliament amended legislation related to taxes on waste and raw materials (Act No. 1224, 1996) and batteries (Act No. 397, 1996), and introduced taxes on waste water (Act No. 490, 1996). Increasingly, environmental taxes are complemented by environmental charges that the Minister of Environment is authorized to levy under various provisions of the Danish Environmental Protection Act. In 1996, charges included those on tires (Statute Order No. 799, 1996), lead accumulators (Statute Order No. 92, 1996), and for public pollution control and licensing activities to be paid by industrial facilities and farmers (Statute Order No. 284, 1996).

Peter Pagh


B. FINLAND

(1) Developments at the Domestic Level

(a) Nature Conservation

A new Nature Conservation Act ( Finnish Official Gazette SSK 20. 12. 1996/1096) was set to enter into force on 1 January 1997. One of the goals of the revision was to put into effect the European Union (EU) Council Directives on the Conservation of Natural Habitats and of Wild Flora and Fauna (92/43/EEC) and the Conservation of Wild Birds (79/409/EEC). Detailed rules as to the overall planning of nature conservation measures are

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