EEL News Service 2008/19, 16 October 2008

Added to Case Law, CFI
Order T-193/07 Gόrażdże Cement v Commission
Order T-195/07 Lafarge Cement v Commission
Order T-196/07 Dyckerhoff Polska v Commission
Order T-197/07 Grupa Ożarów v Commission
Order T-198/07 Cementownia “Warta” v Commission
Order T-199/07 Cementownia “Odra” v Commission
Order T-203/07 Cemex Polska v Commission
ECJ 23-09-2008
The Court of First Instance d the application of seven Polish companies inadmissible in connection with the Polish national allocation plan (NAP) for the trading period 2008 to 2012 under the EU emission trading scheme. The companies contested the Commission’s decision which reduced the total annual quantity of emission allowances provided by the NAP. Poland also submitted a complaint with the same content to the Court of First Instance (Case T�/07, pending). The CFI in this case noted that the companies failed to establish that the NAP decision is of direct concern to them, in line with the ECJ Plaumann doctrine.
Sector: Climate Change
Added to Sectors, General
* European Commission announces legal actions on green infringements
On 16 October 2008 the European Commission announced the latest round of infringement cases against Member States in the field of environment. Italy faces a legal challenge before the European Court of Justice because of its tax legislations, which favours the use of domestic regenerated lubricating oil to the same material originating from other Member States. Notably, under current rules, if regenerated oil is collected in Italy, it is rewarded with a 50 per cent tax break. The United Kingdom is brought before the ECJ because it failed to report on the implementation of Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements. The European Commission took a legal action against Spain because of the vast number of illegal landfills in the country. Greece failed to designate a sufficient number of protected areas for wild birds under Council Directive 79/409/EEC on the conservation of wild birds and thus also faces legal challenge, while Hungary received first warning for infringing Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.

* 2898th Environmental Council meeting, Luxembourg (press release in French)
The latest Environmental Council meeting, held on 20 and 21 October 2008, agreed on the position of the EU for the upcoming meeting of the Conference of the Parties (COP) of the United Nations Framework Convention on Climate Change (UNFCCC) in Poznan, Poland, due from 1 to 12 December 2008. The Council Conclusions call for intensified negotiations on an international agreement to replace the Kyoto Protocol to the UNFCCC, so that it can be adopted by the next COP in Copenhagen, in the end of 2009.
In the meantime, the EU is less united on the issue whether the commitment made by leaders of Member States in March 2007 on reducing emissions by 20% could and should be achieved. Poland, Bulgaria, Estonia, Hungary, Latvia, Lithuania, Romania and Slovakia complained that due to the current financial crisis, reaching this goal could affect them more than the 15 old Member States. Italy also expressed concerns.
The Council furthermore held consultations on important elements of the climate and energy legislative package as well as on the rules concerning genetically modified organisms. A new Directive was also adopted by the Council, which s the framework for waste management.

Added to Sectors, Climate Change
* Commission advises against deforestation credits in ETS
The European Commission presented a policy paper on 17 October 2008 on the implications of deforestation in the EU emission trading scheme (ETS). The Commission warned that deforestation itself causes more emission than what is covered by the whole ETS, thus it would cause serious imbalance, if carbon credits for avoided deforestations could be traded under the scheme. According to the paper, deforestation credits should not be included in the ETS before 2020.

Added to Sectors, Energy
* 2895th meeting of the Transport, Telecommunications and Energy Council, Luxembourg (press release in French)
Ministers responsible for energy issues meeting in the Transport, Telecommunications and Energy Council on 9 and 10 October adopted a non-legislative resolution backing the phasing out of incandescent lamps and other inefficient light bulbs. A ban on these products was originally initiated by the French Presidency the European Commission will make a proposal for a legislative document this year, under the umbrella of the implementation of Directive 2005/32/EC on eco-design of Energy-using Products (EuP).

Added to Sectors, Nature and Agriculture

* Commission proposes law against trade of illegal timber
On 17 October 2008 the European Commission tabled a proposal that aims at combating illegal timber trade. Timber under the new rules could be sold in the internal market if its legal origin is ensured. Traders will have to exercise “due diligence”, by confirming that the timber was harvested in accordance with the laws of the country of origin. Those not obeying the rules can face financial penalty. Compliance with the proposed regulation could occur by ting up separate due diligence systems, or joining an officially recognised “monitoring organisation”, such as that established by the “Flegt” partnership agreement.

National Pages

The following national pages have been d: Portugal

Notably, the following information was introduced:

Added to National pages, Portugal
* Draft Portuguese budget promotes lower emission vehicles
On 14 October 2008 the Portuguese government announced the draft budget of Portugal for 2009. The document includes provisions guaranteeing lower taxes for the buyers of electric cars. In addition, tax incentives for cars emitting low levels of CO2 will be revised and provisions encouraging the replacing of end-of-life vehicles with new cars are to be more stringent.
News and events
Added to Events

* Reducing Emissions to air from Shipping
This seminar will provide an opportunity to listen to some of the new regulations that will form a revision to Marpol Annex VI. Speakers will highlight some of the challenges facing the shipping and maritime sectors today and in the future, bringing together equipment specialists, port authorities, suppliers of fuel and shipping charterers who need to work much more closely to create new innovative techniques to find solutions to reduce air pollution.
Location: London, UK
Date: 12-13 November 2008

* TBLI Conference Europe 2008
This conference will focus on gathering momentum and getting ready for the upcoming changes in world climate – from an environmental, socio-economical and political perspective. Participants are invited to discuss and brainstorm with experts about latest developments in a global and European context.
Location: Amsterdam, The Netherlands
Date: 13-14 November 2008

* Energy from Waste – Economic Value, Commercial Opportunities & Financing Options
This conference will bring together leading industry experts from the UK and continental Europe to discuss commercial opportunities & financing strategies for the energy from waste market place. Delegates will have the opportunity to assess the recent developments in this sector and the advances in technologies which are contributing to its growth.
Location: London, UK
Date: 24-25 November 2008

* Nordic Climate Solutions 2008
Nordic Climate Solutions is Northern Europe’s most important marketplace for key stakeholders in the field of energy and clean tech to advance solutions to combat climate change. Nordic Climate Solutions takes form as a combined conference and exhibition.
Location: Copenhagen, Denmark
Date: 25-26 November 2008

* Tilting Perspectives on Regulating Technologies
This conference aims at bringing academic knowledge and policy approaches about regulating technology a step forward by looking at issues from a multidisciplinary angle. More than 20 renowned speakers from different countries and from distinct disciplines – including law, ethics, politics, sociology, biotechnology, and information security – will provide plenary key-notes, or present papers in parallel sessions.
Location: Tilburg, The Netherlands
Date: 10-11 December 2008
Added to Vacancies
* United Nations Framework Convention on Climate Change (UNFCCC) – Programme Officer, P-3
Under the direct supervision of the Secretary of the COP the incumbent provides assistance in
planning and managing the issues related to the negotiation process and other activities related to the
intergovernmental process, in particular the Conference of the Parties (COP), and other sessional and
intersessional meetings in general. The incumbent performs all preparations needed for the
intergovernmental meetings in which s/he actively participates and prepares documentation for the
Location: Bonn, Germany
Deadline: 7 November 2008

* Food and Agriculture Organization of the United Nations – Forestry Officer 
Under the general supervision of the Director, Forestry Economics Division and the direct supervision of the Chief, Forestry Policy Service, the Forestry Officer will plan and implement programmes which contribute to strengthening the capacity of forestry institutions to effectively provide services to forestry stakeholders in support of sustainable forest management.
Location: Rome, Italy
Deadline: 27 November 2008

* United Nations Environment Programme (UNEP) – Programme Officer, P-3
In UNEP’s Division of Regional Cooperation (DRC), the incumbent will carry out the following duties: 1. Programme Implementation 2. Identify and Catalyze Project and Partnership opportunities 3. Monitor and Report on Major Developments 4. Dissemination of Information.
Location, Washington, USA
Deadline: 7 December 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)