EEL News Service 2008/15, 14 August 2008

38th Asser Colloquium on European Law
“Integrating Climate and Energy policy in the EU”

23-24 October 2008, Province of South-Holland, The Hague

The 38th Asser Colloquium on European Law is dedicated to the different legal and policy questions arising in the European and in the global context with regard to climate and energy. Among other issues, the following points will be addressed during the colloquium:

  • Legal implications of climate and energy policy
  • Relation between climate change and energy measures
  • Distribution of commitments within the EU
  • Energy security and energy supply issues
  • Common but differentiated responsibilities within and outside the EU
  • Role of market based instruments
  • Acting regionally / nationally / at the EU level – what are the hurdles?
  • Harmonisation of climate and energy policy and law within Europe
  • Aviation and climate change
  • EU position on the international debate on the future of the Kyoto Protocol
  • EU commitments and third countries.

Further details:
For more information please contact:
Marianna Kondas, Phone: +31 70 3 420 822 E-mail:
Leonardo Massai, Phone: +31 70 3 420 309 E-mail:

Added to Case Law, ECJ

C-142/07 Ecologistas en Acción-CODA
ECJ 25-07-2008, not yet reported
A Spanish court turned to the ECJ in a legal dispute initiated by Ecologistas en Acción-CODA, in which it was argued that the ‘Madrid calle 30’ road construction project should have been subjected to an environmental impact assessment under national provisions, based on Directive 85/337 on environmental impact assessment. Noting the scale and implications of the scheme, the ECJ decided that the Directive must be interpreted to require an environmental impact assessment of the refurbishment and improvement of the Madrid ring road.
Sector: EIA

C-237/07 Janecek
ECJ 25-07-2008, not yet reported
The German Bundesverwaltungsgericht requested the ECJ to explain provisions of Directive 96/62/EC on ambient air quality. Mr. Janecek had asked for an order requiring the Freistaat Bayern to draw up an air quality action plan in the Landshuter Allee district, where he lives. In that way, he hoped to achieve that in the future, PM10 emission limit values would no longer be exceeded more than 35 days a year. The ECJ explained that where there is a risk that the Directive’s limit values or alert thresholds may be exceeded, persons directly concerned can require the competent national authorities to draw up an action plan, even though, under national law, those persons may have other courses of action available to them for requiring those authorities to take measures to combat atmospheric pollution. The Court further explained that Member States are obliged to take measures – in the context of an action plan and in the short term – that are capable of reducing to a minimum the risk that the limit values or alert thresholds may be exceeded and of ensuring a gradual return to a level below those values or thresholds, taking into account the factual circumstances and all opposing interests. In other words: citizens concerned can demand an action plan, but they cannot demand specific action against pollution as this is largely a matter left to the discretion of Member States.
Sector: Air
Added to Sectors, Climate change
* Public consultation on post-2012 climate change agreement
On 4 August 2008 the European Commission launched a public consultation concerning the agreement that will replace the Kyoto Protocol to the United Nations Framework Convention on Climate Change from 2012. The initiative seeks views of stakeholders on the different building blocks of the Bali Road Map that would enable the world to limit global warming to no more than 2°C above pre-industrial temperatures, based on the key principle of common but differentiated responsibilities. Important questions are raised from mid-term targets for developed countries and emission reduction actions for developing countries, to adaptation, technology cooperation and finance. The consultation will run until 29 September 2008.

* EU CITL will connect to UN’s international carbon credit registry
Following a successful testing phase, the European Commission on 6 August 2008 announced that the EU’s Community Independent Transaction Log (CITL) and Member State registries will be connected to the UN’s International Transaction Log (ITL) before December 2008. Both systems are designed to register emission allowances or carbon credits of companies participating in the carbon market. Therefore, connecting the two enables Member State companies to transfer certified emission reductions issued under the Clean Development Mechanism of the Kyoto protocol into their accounts, so that they can make use of these credits to off emissions under the EU Emission Trading Scheme.
National Pages

The following national pages have been d: Bulgaria, Poland and the United Kingdom

Notably, the following recent information was introduced:

Added to National pages, Poland

* Electricity Association warns of recess caused by climate proposals
The report of the Polish Electricity Association published on 19 June 2008 warns of effects of the proposed climate and energy package to the industry. The Association argues that the new rules will cause a recess in Poland’s economy by a rate between 0.3 to 1.3 per cent annually. According to the report Poland’s overall GDP will significantly decrease, up to even 30% by 2030, while energy prices can go up by 60%. In order to prevent these effects, the report suggests to reduce Poland’s proposed 2020 renewable energy target, from 15 to 12.5 per cent.

Added to National pages, UK

* UK Environmental Agency publishes “Spotlight report”
In July 2008 the Anglo-Welsh Environment Agency published its annual “Spotlight report” on the performance of the industry sectors regulated by the agency. The report concludes that the energy-generation and minerals sectors achieved the best environmental results last year, while the worst results were produced by the waste and textiles sectors. Assessing the past ten years, since the fist spotlight report was published, the agency notes a positive tendency:  greenhouse gas and other substances’ emissions were reduced as well as waste generation. Nonetheless, it states that further measures will be needed to achieve the goal by the UK, namely the 60 to 80 per cent emission cut by 2050 compared with 1990 levels.

News and events
Added to Events

* Sustainable Aviation: sound and climate in perspective
Emissions Trading System, Single European Sky, algae as a form of biofuel and sound annoyance. These and other topics will be addressed at this conference. Its objective is to provide a realistic outlook on possible means to minimise the aviation footprint and reduce sound annoyance in the next 40 years.
Location: Amsterdam, The Netherlands
Date: 1 September 2008

* One Planet Leaders 2008
This high-level programme is aimed at business leaders who want to make dramatic progress in building sustainability into their business models. It is delivered through intensive workshops plus flexible learning across a three-month period and also offers the opportunity to achieve a Postgraduate Certificate in Sustainable Development with the University of Exeter.
Location: Buckinghamshire, UK
Date: 3-5 September 2008

* Certified Corporate Responsibility Course
This 5-day course for CR and sustainability professionals includes four individual modules covering corporate responsibility and sustainability, stakeholder engagement, CR reporting, and sustainability assurance. The course is IRCA-certified and will cover relevant standards including the AA1000 Stakeholder Engagement and Assurance Standard as well as the GRI reporting guidelines.
Location: London, UK
Date: 8-12 September 2008

* International Sustainability Leadership Symposium: Capitalising on Natural Resources – New Dynamics
The management of natural resources presents societies and economies with an enormous long-term challenge. This event will address this challenge by specifically exploring the contribution of the financial services industry to both protecting and facilitating the provision of natural resources. Opportunities and risks of new and innovative financial products will be discussed.
Location: Zurich, Switzerland
Date: 10-11 September 2008

* EABIS Annual Colloquium 2008
This year’s Colloquium is focused on how businesses embed a deep commitment to Corporate Responsibility and Sustainability. What does existing knowledge and practice in leadership and organisational change have to tell us about how to embed CR and sustainability successfully? The Colloquium has a mix of business, business-stakeholder and academic speakers. It will offer successful features of previous years such as the marketplace solutions exchange on the afternoon of the first day and the parallel tracks where academics and practitioners can present their papers on the second morning.
Location: Cranfield, UK
Date: 11-12 September 2008

Added to Vacancies
The World Bank – Program Manager, Climate Investment Funds Administrative Unit
The Climate Investment Funds Program Manager will manage the Administrative Unit that is to assist the work of the Climate Investment Funds and support the Trust Fund Committees and the SCF Sub-Committees. He/she will lead a team of about eight staff and will report to the Director of the Environment Department in the World Bank.
Location: Washington DC, USA
Deadline: 29 August 2008

United Nations Framework Convention on Climate Change – Legal Officer, P3
Under the general supervision of the Chief Legal Adviser, the Legal Officer undertakes legal
research and analyses and prepares legal opinions and briefs on issues relating to the interpretation and implementation of the Convention and the Protocol, and provides legal support to the intergovernmental process, including legal support for the conduct of election officers to Convention and Protocol bodies.
Location: Bonn, Germany
Deadline: 5 September 2008

The World Bank – Senior Environmental Specialist
The Senior Environment Specialist will be responsible for IEGSE’s evaluation of Bank projects and programs in environment, natural resource management, and depending on profile also energy.  He/she will also be expected to lead larger thematic evaluations and special studies in environment related areas and provide inputs to relevant ongoing evaluations.
Location: Washington DC, USA
Deadline: 5 September 2008

WWF Mediterranean Programme Office (MedPo) – Project Marine Expert
The main objective of the MedPAN South project consists of enhancing the effective conservation of regionally important coastal and marine biodiversity features, through the creation of an ecologically coherent MPA network in the Mediterranean region.The Project Marine Expert will provide technical support to the MedPAN South project’s team and partners on issues related to the identification, design, establishment and management of marine and coastal protected areas and on fisheries management.
Location: Rome, Italy
Deadline: 15 September 2008

Wybe Th. Douma (T.M.C. Asser Institute, The Hague)
Jens Hamer (Court of First Instance of the European Community, Luxemburg)*
* All views expressed are entirely personal and can in no way be attributed to the CFI or ECJ

Leonardo Massai (T.M.C. Asser Institute, The Hague)
Marianna Kondas (T.M.C. Asser Institute, The Hague)

Technical realisation:
Marco van der Harst (T.M.C. Asser Institute, The Hague)