EEL News Service 2008/17, 18 September 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-251/07, Gävle Kraftvärme  
ECJ 11-09-2008, not yet reported
The ECJ responded to a request for preliminary ruling, submitted in the course of the dispute between Gävle Kraftvärme AB and the Regional Authority of Gävleborg, concerning the authorisation to operate a combined heat and power plant. The dispute is about whether a waste incinerator under EU law should be regarded as an incineration or a coincineration plant, which is an important difference from administrative and economic aspects. While the ECJ did not give a classification for the plant in question, it d that the differentiation has to be based on the main purpose of the plant and on the relation between the volume of energy or products produced by the plant and the waste generated.
Sector: Waste

C-317/07, Lahti Energia
Advocate General Opinion 11-09-2008
Advocate General Juliane Kokott presented her opinion in a preliminary ruling case concerning the interpretation of Directive 2000/76/EC on the incineration of waste. The question concerns a gas purification plant which generates energy by the burning of waste. According to the Advocate General, if the gas burnt is defined as waste when it is incinerated, it is a material which is governed by the directive. However, if sufficiently purified, the gas is to be classified as product.
Sector: Waste

Case C�/06, Commission v. Ireland
ECJ 11-09-2008, not yet reported
The ECJ condemned Ireland for failing to comply with the provisons of Council Directive 91/271/EEC concerning urban waste water treatment on secondary treatment standards. The Court also found that Ireland omitted to observe the Directive with regards to the discharge of waste water.
Sector: Waste, Water

Added to Sectors, Climate Change
* Report shows share of EU contribution in global climate fight
According to a new study of the Centre for European Policy Studies (CEPS) the EU contributes to the global endeavors to combat climate with 60 billion euros annually. This figure includes both public and private sector actions. The study gives recommendations for a more efficient use of these funds. For instance, it suggests that a separate budget line should exist for climate policy actions, in order to avoid the allocation of funds to cohesion countries on the basis of efficiency criteria. Also, according to the study, the revenues of the future auctioning of carbon allowance under the EU ETS should be used for common European climate initiatives, instead of leaving them at the disposal of Member States as currently planned.

* Eurobarometer survey on climate change
The survey of Eurobarometer concerning the awareness of EU citizens about climate change shows a wide gap between those who feel sufficiently well informed about the issue and those who do not. Climate change is considered as a very serious problem by three-third of the questioned people, but according to 58% of those the EU could do more to combat global warming.
Added to Sectors, Transport
* EP resolution on the freight sector
On 4 September 2008 the European Parliament adopted a non-legislative resolution in which it expressed support for an action plan to reduce emissions and noise pollution from the freight transport. The resolution calls for a more frequent use of co-modality: the combined use of the most efficient methods of transport, the promotion of the “polluter-pays” principle and the increased use of renewable energy sources.

National Pages

The following national pages have been d: Sweden and Hungary

Notably, the following information was introduced:

Added to National pages, Sweden
* Swedish subsidy scheme ends before planned due to its success
The Swedish subsidy to encourage the buy of low-carbon cars will be phased out six months earlier than originally planned. According to the Swedish Minister of Environment the scheme has proven to be very popular and has reached its purpose even during a shorter timeframe. The funds provided for the programme will be re-allocated for other projects.
Added to National Pages, Hungary

* Hungary asks Austria to rethink incineration building plans
The Hungarian government expressed its disapproval regarding the Austrian plans to build a waste incineration plant at Heiligenkreuz. Hungary requested the plant to be located more distant from the border and found the Austian defence unfounded, as the designed plant has substantially larger capacity than the needs of the region.

News and events
Added to Events

* Climate change and energy: To 2020 Onwards
This workshop will consider the outlook for greenhouse gas emissions and climate over the coming decades, policies being developed and implemented over this timeframe, and explore strategies and best practice for managing risks.
Location: London, UK
Date: 1-2 October 2008

* Green Marketing 2008
Today’s sensitive economic climate suggests that consumers may be less willing to indulge in last year’s “Green” trend and many questions continue to linger around the true impact of green marketing on your business. To answer these questions, Campaign and Marketing magazines bring together marketing and brand professionals in a series of case-studies to discuss and share practical insights.
Location: London, UK
Date: 14 October 2008

* Central and Eastern Europe CSR Summit 2008
This management focused summit will provide CSR professionals from across the region with an opportunity to gain vital in-depth knowledge and share ideas. Attendees will debate how to develop, integrate and implement corporate responsibility across big business in CEE and beyond. And how to make CSR initiatives pay off.
Location: Prague, The Czech Republic
Date: 13-14 October 2008

* BioMarine 2008
Biomarine is a worldwide initiative that helps nurturing innovative solutions to advance ocean sustainability, bringing together business, science, government, civil society and the media. This Forum is the official marine event of the French Presidency of the European .
Location: Toulon/Marseille, France
Date: 20-21 October 2008

Added to Vacancies
United Nations Environment Programme (UNEP) – Programme Officer, P-3
This post is located in the Secretariat for Governing Bodies Unit (SGB) of the utive Office in UNEP. Under the supervision of the Secretary, Governing Council (GC) the incumbent will perform the following duties: provide Secretariat support and convene and make follow-ups on meetings of Governing Bodies.
Location: Nairobi
Deadline: 10 November 2008

United Nations Environment Programme (UNEP) – Programme Officer, P-3
Within UNEP Division of Environmental Law and Conventions (DELC) the incumbent will develop a divisional policy on information and communication, in line with UNEP’s preparedness for business continuity model and conceptualize and develop strategies for the design and implementation of major information systems and initiatives and ensure comprehensive knowledge management approach to the implementation of the Bali Strategic Plan for Technology Support and Capacity-Building and Millennium Development Goals.
Location: Geneva, Switzerland
Deadline: 7 November 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)