ENERGY AND ENVIRONMENTAL

LAW IN THE EU

INTRODUCTION

TREATY ESTABLISHING THE ECSC

Contribution to economic expansion, growth of employment and a rising standard of living through the common market for coal and steel

Free movement of goods

Prohibition of discriminatory measures

Creation of the EU Institutions

TREATY OF PARIS

INDUSTRY AND ENVIRONMENT

ENERGY LAW

ENERGY POLICIES

Treaty of Lisbon amended the Treaty on the Functioning of the EU and in its

Article 194 it put energy law on a legal basis

In the context of the establishment and functioning of the internal market and with regard forthe need to preserve and improve the environment, Union policy on energy shall aim, in a spirit ofsolidarity between Member States, to:(a) ensure the functioning of the energy market;(b) ensure security of energy supply in the Union;(c) promote energy effi ciency and energy saving and the development of new and renewable forms of energy; and(d) promote the interconnection of energy networks.

ARTICLE 194 (1)

Support through market-based tools and financial instruments

Development of Innovative Energy Technologies

Adoption of measures to reduce global warming

INSTRUMENTS

Foundation for civil use of nuclear energy laid in 1957 with the establishment of the European Atomic Energy Community (Euratom)

NUCLEAR ENERGY

Runs from 2007 – 2013

Two main areas:Research into nuclear fusion, nuclear fission energy and radiation protection

Activities of the Joint Research Centre (JCR)

Maximum amount to be spent EUR 2,75 billion

SEVENTH FRAMEWORK PROGRAM

Disposal

depending on the classification either in near surface disposal facilities or in deep geological formations

NUCLEAR WASTE

Essential alternatives to fossil fuelsUse reduces greenhouse gas emissionsDiversifies energy supplyReduces dependence on fossil fuels markets

Stimulates employment Create new technologiesGoal is to cover 20% of the energy needs with renewables by 2020

RENEWABLE SOURCES

According to the European Wind Energy Association

By 2020 15.7% of the energy supply will come from wind energy

By 2050 about 50%

WIND

More suitable for southern Member states

Newer projects are concentrating on systems to power thermally driven cooling systems in the summer months

SOLAR

The only widely available energy resource to replace fossil fuels in the transportation sector

Two types:BiodieselBioethanol

Second generation biofuels are being developed from cellulose biomass feedstock

BIOFUELS

ENVIRONMENTAL LAW

OVERVIEW

1970: USA and United Nations declared protection of the environment a major goal

1986 Environmental Protection included for the fi rst time in Art. 130r – 130t Treaty of Rome

2004 Environmental Liability Directive entered into Force

2008 Directive adopted to protect the environment through criminal law

ORGANISATIONS

European Union Network for the Implementation and Enforcement of Environmental Law (IMPEL)

European Union Forum of Judges for the Environment (EUFJE)

Objective of EU air quality policies is

"to achieve levels of air quality that do not result in unacceptable

impacts on, and risks to, human health and the environment."

AIR

Directive 2008/50/EC

Merged existing legislation into single directive

Taking into consideration natural courses of pollution

Possibility of time extensions

Air Quality

As of January 2011 two of the measures are:

Review and further reduction of emissions from vehicles and machinery

Active participation in international negotiations on air quality

EU AIR POLICY

Directive 2000/60/ECReplaced seven old directivesSupranationalObjectives for future water protection

River basin managementSurface WaterGroundwater

WATER

Ecological protection

Chemical protection

Other uses

SURFACE WATER

Groundwater Directive 2006/118/EC

Establishment of quality standards by 2008

Pollution trend studies

Compliance with chemical status criteria

GROUNDWATER

Based on three principles

Waste prevention

Recycling and reuse

Improving final disposal and monitoring

EU WASTE MANAGEMENT

CLIMATE CHANGE AND EIA

20% cut in greenhouse gas emission by 2020

50% cut in carbon emission by 2050

Minimum of 10% usage of biofuels by 2020

Directive 85/337/EEC (Environmental Impact Assessment) for individual projects

Directive 2001/42/EC (Strategic Environmental Assessment) for public projects

EIASEA

WHERE IS THE EU GOING?

Presentation by Saskia MehlhornO’Quinn Law Library

University of Houston Law Center

W-4 Researching and Understanding European Union Law

AALL Annual Meeting, Philadelphia, PA, July 23, 2011

Dresden destroyed CC Deutsche Fotothek http://commons.wikimedia.org/wiki/File:Fotothek_df_roe-neg_0000060_002_Stra%C3%9Fe_mit_Tr%C3%BCmmern_in_Dresden_Mitte.jpg

Treaty establishing the ECSC http://moderneuromac.wikispaces.com/European+Unity+Postings

Industry (industrielandschaft by D. Lowski) http://www.dilowfoto.de/fotomotive_data/landschaften/industrielandschaft.htm

PHOTO CREDITS