Dear members of the EEL Network, A great deal of political groundwork has been attempted in the first two weeks of June. Climate change negotiations under the UNFCCC resumed in Bonn, Germany, between 1 to 11 June 2015, with the view to streamlining the draft negotiating text released on 25 February 2015 before the Paris Climate talks in November of this year. In this News Service, a special report from co-editor in chief Leonardo Massai, who particpated in these negotiations, can be found under the heading ‘Climate Change’. Furthermore, a number of events were held in Brussels this week to mark the EU Sustainable Energy Week. Additionally, the European Commission has launched a public consultation into Ocean Governance (participate here) and started infringement procedures against Germany over its new road tax for private vehicles. At the T.M.C Asser Institute, Earlier this week (15-16 June), the T.M.C Asser Institute hosted a workshop entitled “Governing the Global Climate Regime: Issues of Institutional Integrity and Justice”, which was organised as a collaboration between the T.M.C Asser Institute, Griffith University’s Institute for Ethics, Governance and Law (IEGL) and Amsterdam Centre for International Law (ACIL). Asser Summer School: 24-28 August 2015We are happy to inform you that it is still possible to register for the Summer Programme in International & European Law: The Future we Choose. Apply here. Kind regards, |
Case Law |
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European Commission Press Release: Commission refers Romania to Court over failure to transpose legislation on end-of-life vehicles (28/05/2015) European Commission Press Release: Commission refers Germany to Court for e-waste failings and proposes fines (28/05/2015) European Commission Press Release: Commission launches infringement case on the introduction by Germany of a new road charging scheme for private vehicles (“PKW-Maut”) (18/06/2015) |
CJEU Judgment: Case C-15/14 P, Commission v MOL Magyar Olaj- és Gázipari Nyrt (04/06/2015) The Commission adopted a decision in 2010 which determined that the 2005 agreement and the 2008 amendment (‘the measure’) conferred an unfair advantage on MOL and therefore constituted State aid within the meaning of Article 107(1) TFEU and ordered Hungary to recover the aid from MOL. MOL successfully brought an action for annulment of the decision at the General Court. The Court found that while the measure was ‘State aid’, it was not selective. The Commission appealed, arguing that the General Court had misinterpreted and misapplied the third condition in Article 107(1) TFEU and that the Hungarian authorities had in fact conferred a selective advantage on MOL. The CJEU concluded that the General Court had not erred in law. It accepted that several consecutive measures could be regarded as a single intervention, but only where a close link existed between the measures, taking into account chronology, their purpose and the circumstances pertaining in the undertaking at the time the intervention took place. The CJEU found that no such close link existed between the 2005 agreement and the 2008 amendment, and that the Commission had also not shown that the Hungarian authorities had intended to exercise its regulatory discretion and confer an advantage on MOL. In fact, the CJEU noted, the increase in mining fees occurred in the context of an increase in international prices. |
CJEU Judgment: Case C-5/14, Kernkraftwerke Lippe-Ems GmbH v Hauptzollamt Osnabrück (04/06/2015) The CJEU found that this was not a product duty, bur rather a duty of a ‘hybrid nature’ that was levied at the time the fuel was used to produce electricity. The operator of nuclear power plants had either to pay the duty or cease their activity altogether; no alternative was open to them. Thus, the duty was ‘more akin in its effect to a tax on the economic activity of operators of nuclear power stations, than to true tax on a product’. On this basis, the CJEU considered that the duty probably did not engage the EAEC Treaty but nevertheless considered Articles 93, 191 and 192 in turn. It concluded that none of the three articles were engaged by the duty; the duty was not a customs duty, charge having equivalent effect or quantitative restriction on imports (thus Art 93 was not engaged, this was an internal tax under Article 110); the duty did not affect the Community’s privileges and immunities (thus Art 191 was not engaged); the duty did not jeopardise the attainment of the EAEC Treaty’s objectives because the duty did not relate to the supply of nuclear fuel, only to its use (thus Art 192 was not engaged). The CJEU noted (obiter dictum) that Art 1 EA assigned to ‘the Community the general task of creating the conditions necessary for the speedy establishment and growth of nuclear industries’. The Treaty did not ‘require Member States to introduce or develop nuclear energy as such, still less nuclear energy exempt from all taxes’. |
CJEU Judgment: Case C-161/14, Commission v United Kingdom(04/06/2015) Under this Directive, Member States should apply the same rate of VAT to supplies of goods and services (Art 96) unless one of the exceptions provided for in Article 98 is applicable. Member States may apply a reduced rate of VAT if the supply of goods and services falls under one of the categories set out in Annex III (Art 98(2)). Reductions can be applied in the case of the ‘provision, construction, renovation and alteration of housing, as part of a social policy’ (Category 10) and to the renovation and repairing of private dwellings, excluding materials which account for a significant part of the value of the service supplied (Category 10a). The Commission argued that the national law of promoting the use of energy-saving materials in the general housing stock did not constitute a social policy and thus did not fall within Category 10. The Commission argued that the United Kingdom was motivated by environmental or energy policy objectives which, while in the interests of society as a whole, were unconnected to the issue of housing as part of a social policy. The exception in Category 10a also did not apply, according to the Commission. The United Kingdom responded that Category 10 did apply and that the reduced rate addressed an obvious social need because it meant that households could more easily maintain their living standards and that household expenditure would be lowered. Regarding Category 10a, the United Kingdom argued that the ‘installing’ of the materials was equivalent to either ‘renovation’ or ‘repairing’ of dwellings. The CJEU held that while the UK’s policy of housing improvement may produce social effects, extending the scope of the reduced rate of VAT to all residential accommodation could not be described as ‘essentially social’ and did not therefore comply with Article 98 and Category 10. Moreover, it held that because the United Kingdom had applied the reduced rate to all supplies of services of installing energy-saving materials and to supplies of such materials, without differentiating between people’s income, age or other criteria, the provisions of national law at issue could not be regarded as having been adopted for reasons exclusively or principally of social interest. Regarding Category 10a, the CJEU also adopted the Commission’s position. The CJEU thus found that the United Kingdom had failed to fulfill its obligations under Article 98 of the VAT Directive. The question now is thus whether the VAT Directive should be changed in order to green EU VAT rules. |
Commentary: EurActiv Article: UK’s Green VAT ruled illegal by EU judges (04/06/2015) |
General |
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viEUws: Brussels briefing on Environment: All you need to know for June 2015 (03/06/2015) |
European Commission: Moving towards a circular economy |
EurActiv Article: ‘Better Regulation’ won’t hurt environment, vows Timmermans (04/06/2015) |
European Parliament Article: President of United Nations General Assembly: Environment vital for sustainable development (04/06/2015) |
EurActiv Article: First draft of sustainable development goals exposes gaps, warn NGOs (05/06/2015) |
EurActiv Opinion, Joanna Sullivan: Sustainability must become a financial imperative |
EurActiv Article: Financial crisis can spur green economies, environment bosses told (09/06/2015) |
Air |
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EurActiv Article: Governments ditch EU methane limits (12/06/2015) |
Chemicals |
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EurActiv Article: Big Pharma paying for superbug-breeding pollution, says watchdog (12/06/2015) |
Climate Change |
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EEL News Service report from the Bonn climate change conferenceby editor-in-chief Leonardo MassaiThe climate change negotiations under the United Nations Framework Convention on Climate Change (UNFCCC) resumed in Bonn, Germany, between 1 to 11 June 2015. They included the 42nd sessions of the Subsidiary Body for Implementation (SBI) and the Subsidiary Body for Scientific and Technological Advice (SBSTA) as well as the ninth part of the second session of the Ad Hoc Working Group on the Durban Platform for Enhanced Action (ADP 2-9). The latter Working Group resumed its work with the view to streamline the draft negotiating text released in February 2015 as the main result of the negotiation session that took place in Geneva in that month. In particular, Parties convened in negotiating groups and facilitated groups that undertook streamlining and consolidation, clustering and conceptual discussions of the Geneva text. The themes under discussion reflected the skeleton of the Geneva text, notably: general/objective; adaptation and loss and damage; mitigation; finance; technology development and transfer; capacity building; transparency; preamble; definitions; time frames; implementation and compliance; and procedural and institutional provisions. The ADP also continued its discussion on workstream 2 with the view to agree on a COP decision in Paris that would provide more clarity on the pre-2020 mitigation actions required to increase ambition. Unfortunately, little progress was made on the text, with basically no time for Parties to start negotiating. Parties did agree to mandate the ADP co-chairs to produce a new streamlined iteration of the negotiating text by the end of July, a few weeks ahead of the next round of talks that will start on 31 August 2015 in Bonn. In fact, during the ADP closing plenary the co-chairs announced that the two following additional documents will be produced ahead of that next session: • Revised streamlined consolidated negotiation text for Paris (shortened version of the Geneva text based on the discussions held in Bonn) ADP co-chairs made clear several times that the only official text on the table is the Geneva text. It will remain official until Parties decide to change it in Paris at COP21. It will then depend on Parties whether to accept working with the new shortened text or refuse it and go back to the Geneva text. Obviously, given the short amount of time before COP21, the latter option would seriously put in danger the final result of the Paris summit. |
Independent Report, commission by G7: A New Climate for Peace: Taking Action on Climate and Fragility Risks (14/04/2015) |
G7 Annual Summit 2015: The G7 annual Summit was held on the 7 and 8 June in Bavaria, Southern Germany. The Leader’s Declaration of the G7 Summit can be accessed here |
Politico Article: Merkel convinces Canada and Japan on CO2 (08/06/2015) |
EurActiv Article: NGOs unsure of lukewarm G7 climate deal (09/06/2015) Oxfam criticised the outcome as inadequate.A recent Oxfam Study showed the devastating effects of coal power on the global fight against hunger. The report states that from 2080, 7 million tonnes of food will be lost every year thanks to emissions from G7 coal power plants. The Oxfam study assumes that global warming will increase by 3-4 degrees. |
Reuters: G7 leaders bid ‘Auf Wiedersehen’ to carbon fuels (09/06/2015) |
EurActiv Article: German Energiewende policy jeopardises EU climate efforts(12/06/2015) |
EurActiv Article: Poor nations waiting for a deal on climate, says French minister (29/05/2015) |
European Commission: Speech by Commissioner Miguel Arias Cañete: The role of innovative, environmentally-friendly technologies in EU climate policy(03/06/2015) |
The Guardian Article: Bonn meeting ends with last-minute compromise on Paris climate text (11/06/2015) |
EurActiv Article: European Commission ‘hails’ fiddled Serbian climate pledge (12/06/2015) |
Energy |
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IETA Press Release: World’s carbon markets case studies highlight different models of emissions trading (27/05/2015) IETA Press Release: Carbon Expo 2015 finds renewed optimism for future of carbon mechanisms (28/05/2015) |
Politico Article: EU pushes expansion of flawed emissions scheme(03/06/2015) |
EurActiv Article: Europe’s energy big six say gas must help in the fight against climate change (01/06/2015) |
The Carbon Brief Blog: Climate benefits of a natural gas bridge unlikely to be significant (03/06/2015) |
energypost Article: Going for gas: the risky strategy of the world’s largest companies (08/06/2015) At the World Gas Conference in Paris, the major oil companies all avowed their belief that gas will be the world’s “fuel of choice”, because it is “the cleanest fossil fuel”, “abundant” and “competitive”. But Karel Beckman argues they are overstating the case for gas. And may even be betting on the wrong horse. |
EurActiv Article: Europe should ‘keep its hands off coal’, German study says(03/06/2015) |
EU Observer Article: Norway bans pension fund from coal investment(05/06/2015) |
Carbon Tracker Initiative Report: Coal: caught in the EU utility death spiral (05/06/2015) |
European Commission Press Release: Energy Union: Advancing the integration of European energy markets (08/06/2015) |
EU Observer Opinion: EU takes a step backward on fossil fuel subsidies(09/06/2015) |
EurActiv Interivew: Greens/EFA president: ‘The only way to reduce our energy dependency is to cut consumption’ (10/06/2015) |
EU Commission News: Commissioner launches Euro-Mediterranean gas platform (11/06/2015) |
See also: energypost Interview: Exclusive – Jérôme Ferrier, President International Gas Union: “You cannot equate gas with coal or oil. You have to discriminate!” (29/05/2015) EurActiv Article: EU plans major offensive to diversify gas supplies (02/06/2015) energypost Article: The West must do as the Chinese: build renewables systems for energy security and abundance (03/06/2015) EurActiv Article: Internet of Things creeps into the energy sector (04/06/2015) energypost Article: IEA sees harsh reality for gas industry (05/06/2015) |
Nature & Agriculture |
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viEUws: Brussels briefing on Agriculture: All you need to know for June 2015(10/06/2015) |
Peace Palace Library Interview: An Interview with Professor Steven Freeland on his new book, entitled: “Addressing the Intentional Destruction of the Environment during Warfare under the Rome Statute of the International Criminal Court” (29/05/2015) |
Council of the European Union Press Release: EU institutions provisionally agree on animal health measures (01/06/2015) |
EurActiv Article: Common Agricultural Policy (CAP) reform sows seeds of panic among French farmers (02/06/2015) |
European Commission Factsheet: Q and A: Fishing Opportunities in the EU for 2016 (02/06/2015) |
EurActiv Report: Logging companies plundering Congo’s rainforest(03/06/2015) |
European Commission Press Release: Green Week 2015 tackles declining biodiversity as new data reveals birds and marine life threatened with extinction (03/06/2015) |
EurActiv Article: Goyens: EU law on animal cloning ‘falls short of consumers expectations (11/06/2015) |
Transport |
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EurActiv Article: Car makers gear up for next round of CO2 emission cuts (29/05/2015) |
EurActiv Article: ACEA boss: Even a zero-emission target will fail to address car CO2 (29/05/2015) |
viEUws: ‘Growth in CO2 emissions from transport nullifies progress made in other sectors’, Michael Cramer MEP (08/06/2015) |
EurActiv Article: Pollution from ships kills thousands each year(10/06/2015) |
EurActiv Article: Diesel machines need the cleanest technology to relieve our choking cities (03/06/2015) |
Water |
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European Commission Press Release: The European Commission launches a Public Consultation on Ocean Governance (04/06/2015) Participate in the Public Consultation on Ocean Governance, 04/06/2015-15/09/2015 |
EurActiv Article: Ocean’s role highlighted as global warming regulator(10/06/2015) |
EurActiv Article: Spain puts water and sanitation at the heart of the Sustainable Development Goals debate (11/06/2015) |
Events |
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1 May-31 OctoberEvent: EXPO 2015 |
22 June 2015Event: Public Launch |
25- 26 June 2015Event: Inaugral workshop of the UACES CRN |
24-28 August 2015Event: Summer Programme on International and European Environmental Law More information/ Draft programme (.PDF) Note: Two full scholarships available for participants from India (.PDF) |
2 – 4 September 2015Event: Conference |
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) EditorsKatarina Hovden (T.M.C. Asser Instituut, The Hague) Steffen van der Velde (Researcher, T.M.C. Asser Instituut, The Hague) |