Dear members of the EEL Network, In this fourth issue of the EEL News Service this year, we present the latest We are happy to inform you that at our upcoming event “Better Regulation in the EU revisited. Improving the European Union for the benefit of business and citizens” (23 April 2015) Mr. Frans Timmermans, First Vice-President of the European Commission and Mr. Piet Hein Donner, Vice President of the Netherlands Council of State will be key note speakers. For a list of all other confirmed speakers, please see links below. Furthermore, don’t forget about our Asser Summer Programme on International & European Environmental Law: The Future we Choose (24-28 August 2015). Kind regards, Wybe Th. Douma |
Case Law |
|
CJEU Judgement: C-531/13, Marktgemeinde Straßwalchen and others v Bundesminister für Wirtschaft, Familie und Jugend (11/02/2015) The EIA Directive (85/337/EEC) is designed to ensure that projects likely to “Does the trial production of natural gas, for a limited period and in a limited quantity, which is carried out in the context of an exploratory drilling operation designed to establish whether the permanent extraction of natural gas would be economically viable, constitute an “extraction of … natural gas for commercial purposes” within the meaning of Annex I, No 14, to the EIA Directive?” The Court follows the opinion of Advocate General Kokott (09/10/2014) and decided that: Annex I, No 14, to Council Directive 85/337/EEC, must be interpreted as meaning that exploratory drilling, in the context of which a trial production of natural gas and petroleum is envisaged in order to determine the commercial feasibility of a deposit, does not come within the scope of that provision. In addition, the question raised how to evaluate whether such exploratory drilling, requires an assessment because it is likely to have significant effects on the environment. Here too, the Court follows the opinion of the Advocate-General and decided that: Article 4(2) of Directive 85/337/EEC, read in conjunction with Annex II, No 2(d), must be interpreted as meaning that it may give rise to an obligation to conduct an environmental impact assessment of a deep drilling operation. The competent national authorities must accordingly carry out a specific evaluation as to whether an environmental impact assessment must be carried out, taking account of the criteria set out in Annex III and the (accumulated) impact of other projects present in the area. The assessment must not be confined to municipal boundaries. |
CJEU Judgement: C-43/14, ŠKO–ENERGO, s.r.o. v Odvolací finanční ředitelství (26/02/2015) Directive 2003/87 establishes a scheme for greenhouse gas emission allowance trading within the Community. ŠKO–ENERGO acquired, free of charge, greenhouse gas emission allowances for the production of electricity. The Tax Office claims gift tax over these allowances. In this case there were doubts over whether this tax was compatible with EU law, particularly Article 10 of the Directive, which provides that at least 90% of emission allowances are to be allocated free of charge, leading to a request for a preliminary ruling on the question: “Must Article 10 of Directive 2003/87 be interpreted as preventing the application of provisions of national law which make the allocation free of charge of emission allowances in the relevant period subject to gift tax?’” In the opinion of Advocate General Kokott (11/12/2014), making the allocation subject to gift tax: ▪ is incompatible with the principle that emission allowances are allocated free of charge under Article 10; and The Court held, in line with the opinion of the Advocate General, that Article 10 must be interpreted as precluding the imposition of a gift tax if it does not respect the 10% ceiling on the allocation of emission allowances for consideration laid down in that article, which is a matter for the referring court to determine. |
CJEU Judgement: C‑534/13, Ministero dell’Ambiente e della Tutela del Territorio e del Mare and others v Fipa Group Srl and others (04/03/2015) Under the Environmental Liability Directive (ELD) (2004/35/CE), the operator of a site has to bear the costs of preventive and remedial action taken in response to environmental damage on the site. However, if the operator can prove that the damage has been caused by someone else, it is not required to bear those costs. Adopting stricter national legislation is permitted by the Directive. In this case, some severely polluted sites in Italy changed owner. The new and current owners, who did not cause the pollution, are in dispute with Italian authorities regarding the extent to which they can be held liable for remedying the damage. Italian law stipulates only that the costs of remedial work can be imposed on such owners up to the value of the sites. The Italian Council of State asks the Court of Justice whether those rules of national law are compatible with the ‘polluter pays’ principle implemented by the ELD. Agreeing with the opinion of Advocate General Kokott (20/11/2014), the court ruled that the Italian legislation is consistent with the requirements of the Directive, recalling the settled case-law according to which the ‘polluter pays’ principle, is directed at action at EU level and cannot be relied on by individuals or administrative authorities. Furthermore, the Court made clear that persons other than operators do not fall within the scope of the Directive and that, where no causal link can be established between the environmental damage and the activity engaged in by the operator, the situation is not governed by EU law, but by national law. |
General |
|
Eurostat Publication: Smarter, greener, more inclusive? – Indicators to support the Europe 2020 strategy – 2015 edition (02/03/2015) |
European Commission Press Release: Environment report shows benefits of EU action (03/02/2015) |
Air |
|
Eurostat Article: Air pollution by industries and households (27/02/2015) |
EurActiv Article: Air pollution will kill thousands in Europe, EEA warns(03/02/2015) |
Science for Environment Policy Article: Fourteen days of poor air quality caused 4 000 extra healthcare visits in UK (.PDF) (05/03/2015) |
Climate Change |
|
EIB Press Release: New European support to address climate and biodiversity challenges (16/02/2015) Also see: ▪ EU Commission’s Directorate-General for Climate Action Press Release – New financial instruments for environment, energy efficiency and climate action projects (16/02/2015) |
Swiss Federal Office for the Environment (FOEN) Press Release:Switzerland targets 50% reduction in greenhouse gas emissions by 2030(27/02/2015) |
Open Democracy Article: Climate-chaos migrants set to face increasingly closed borders (02/02/2015) |
Euobserver Article: EU must do more to fight climate change, report says(03/03/2015) Also see: ▪ European Voice Article – EU environment policy needs urgent boost, agency warns (03/03/2015) |
European Voice Article: Conflict over when ETS reform should start(05/03/2015) Also see: ▪ EurActiv Article – Strong market stability reserve a step towards green growth (20/02/2015) |
EurActiv Article: France helps Fiji with COP 21 contribution (05/03/2015) |
EurActiv Article: Vella: Private sector and Juncker Plan cash can create low-carbon economy (05/03/2015) |
EurActiv Article: European Union to deliver climate pledge to United Nations (06/03/2015) Also see: ▪ European Voice Article – EU finalises emissions pledge for UN climate summit (06/03/2015) |
Euobserver Article: EU nations climate-minded at home, but promoting coal products abroad (10/03/2015) |
Open Democracy Article: Corporate concern for human rights essential to tackle climate change (12/03/2015) |
Energy |
|
Newsletter of the EU Commission’s Directorate-General for Energy: |
EEA Report: Renewable energy in Europe – approximated recent growth and knock-on effects (17/02/2015) |
EurActiv Article: Berlin sues European Commission in dispute over renewables law (18/02/2015) |
European Voice Article: Orbán criticises Commission’s plan for energy union (23/02/2015) Also see: ▪ EurActiv Article – Putin and Orbán contemplate stronger energy ties(18/02/2015) |
JRC Article: Geothermal energy – new report analyses the sector(24/02/2015) |
European Commission Press Release: Commission withdraws Court case against Poland for failing to transpose EU rules (26/02/2015) |
EurActiv Article: Bulgaria scraps incentives for new renewable energy installations (27/02/2015) |
European Voice Article: EU member states evasive on shale-gas activities(02/02/2015) |
Open Democracy Article: With corporate energy, we’re stuck in the dark ages – let’s switch to public ownership (04/03/2015) |
European Commission Press Release: Completing the internal energy market: €100 million released to connect European energy networks(05/03/2015) Also see: ▪ European Commission Press Release – Building the Energy Union: Key electricity interconnection between France and Spain completed (20/02/2015) |
EurActiv Article: Energy Union stutters on efficiency (09/03/2015) Also see: ▪ EurActiv Article – Energy Union will be built on public guarantees for private investment, says Cañete (17/02/2015) |
EurActiv Article: European offshore wind sector faces make-or-break 2020, EY says (11/03/2015) |
EurActiv Article: Why is Europe wasting its cheapest, cleanest energy resource? (11/03/2015) |
Euobserver Article: Energy savings label under fire in the Netherlands(11/03/2015) |
EurActiv Article: Brussels toughens up on policing EU energy efficiency laws(12/03/2015) Also see: ▪ EurActiv Article – EuroAce: Energy Union should push EU efficiency laws(10/03/2015) |
Nature & Agriculture |
|
EurActiv Article: The future of farming in Europe: Let’s get the CAP to work on productivity (17/02/2015) |
European Voice Article: MEPs take on Commission’s organic farming proposal (19/02/2015) |
Eurostat News Release: Agriculture, forestry and fishery statistics (.PDF) (20/02/2015) |
ECA Special Report: Is EU support for preventing and restoring damage to forests caused by fire and natural disasters well managed? (24/02/2014) |
European Voice Article: MEPs stand their ground on biofuel (24/02/2015) Also see: ▪ Oxfam Article – Oxfam welcomes European Parliament vote to lower cap on biofuels threatening food security |
Open Democracy Article: Tough to swallow: TTIP’s threat to our food and farming (26/02/2015) |
European Voice Article: All eyes on Juncker for GM crops decision(05/03/2015) Also see: ▪ European Voice Article – First GM crop to be approved following authorisation agreement (26/02/2015) |
EurActiv Article: It’s time for the EU to get serious about wildlife crime(05/02/2015) Also see: ▪ EurActiv Article – How lax legislation is killing the wildlife in Europe(03/03/2015) |
Open Democracy Article: To address the global food crisis, we have to address the power of big agribusiness (08/03/2015) |
Transport |
|
European Voice Article: EU failing on river transport (03/03/2015) |
EurActiv Article: EU efforts to promote sea transport bring little progress(04/03/2015) |
EurActiv Article: Sulphur Directive pushes shipping into stormy waters(05/03/2015) Also see: ▪ EMSA publication – New limits for the sulphur content of marine fuels(02/03/2015) |
EurActiv Article: French MEP: Shipping is transport for the future(06/02/2015) |
EurActiv Article: Electric cars could cut oil imports 40% by 2030, says study(11/03/2015) |
EurActiv Article: Parliament backs the introduction of safer trucks in 2022(12/03/2015) |
Waste |
|
Eurostat Article: Waste shipment statistics (16/02/2015) |
Euobserver Article: The circular economy: Europe’s next big thing(11/03/2015) Also see: ▪ BlogActiv Entry – Circular Economy package officially dead (25/02/2015) |
Science for Environment Policy Article: Carbon footprint of food waste not necessarily related to its weight (.PDF) (05/03/2015) |
EurActiv Article: Academics probe built-in obsolescence of fridges, notebooks(06/03/2015) |
Water |
|
European Commission Press Release: Commission takes Greece to Court over poor waste water treatment presenting a risk to public health (26/02/2015) |
Events |
|
18 March 2015Event: Conference |
25 March 2015Event: EurEau Conference |
25 – 27 March 2015Event: The 15th International Wildlife Law Conference |
31 March 2015Event: 8th Forum for the Future of Agriculture (FFA2015) |
23 April 2015Event: Unique symposium (Part of the Asser 50th anniversary celebrations) More information / Final Programme (.PDF) / Other Asser 50 Years Events |
1 May – 31 October 2015Event: EXPO 2015 |
18 – 19 May 2015Event: Workshop |
25 – 29 May 2015Event: 2015 INSPIRE – Geospatial World Forum Conference |
29 – 30 May 2015Event: 2015 EU-Arctic Conference |
2 – 5 June 2015Event: Workshop |
25 – 26 June 2015Event: Inagural workshop of the UACES CRN |
24 – 28 August 2015Event: Summer Programme on International & European Environmental Law More information / Draft programme (.PDF) |
Colofon |
Editors-in-ChiefWybe Th. Douma (Senior Researcher, T.M.C. Asser Instituut and Lecturer of Leonardo Massai (Senior Lecturer on International and EU Environmental Law, Catholic University of Lille) EditorsWouter van Kuijk (T.M.C. Asser Instituut, The Hague) Steffen van der Velde (Junior Researcher, T.M.C. Asser Instituut, The Hague) |