EEL News Service 2009/1, 22 January 2009

Added to Case Law, ECJ
C-473/07, Association nationale pour la protection des eaux and rivières et Association OABA
ECJ 22-01-2009, not yet reported
The ECJ issued a preliminary ruling at the request of the French Conseil d’État in relation to Council Directive 96/61/EC concerning integrated pollution prevention and control. The Court held that quails, partridges and pigeons are included in the scope of the directive. National legislation which gives weighting to the number of animals per place according to species is nonetheless inadmissible according to the ECJ.
Sector: NatureC-328/08, Commission v. Finland
ECJ 22-12-2008
In accordance with the procedure indicated in article 226 of the EC Treaty the ECJ d that Finland has failed to transpose in time (deadline 30 April 2007) the provisions necessary to comply with Directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage.
Sector: General
C-127/07, Arcelor Atlantique and Lorraine and Others
ECJ 16-12-2008, not yet reported
The ECJ delivered a judgment in a preliminary ruling case concerning the EU emissions trading scheme (ETS – directive 2003/87/EC). According to the Court this directive does not breach the principle of equal treatment. In particular, the Court decided that the original inclusion of the steel sector in the EU ETS and the exclusion of industrial sectors responsible for the emissions of similar greenhouse gases – such as chemicals and aluminium – was justifiable. A gradual transition of the different sectors in the EU ETS in light of the administrative burdens is not discriminative, held the Court.
Sector: Climate change
C-273/08, Commission v. Luxembourg
ECJ 18-12-2008, not yet reported
The European Court of Justice has condemned Luxembourg for failing to submit an estimate of its 2010 emissions for four air pollutants under Directive 2001/81/EC on national emission ceilings for certain atmospheric pollutants. Luxembourg was the only Member State that did not submit these projections.
Sector: Climate change

C-480/07, Commission v. Spain
ECJ 11-12-2008, not yet reported
According to the ECJ Spain has breached Directive 2000/59/EC on port reception facilities for ship- generated waste and cargo residues. The Court d that Spain omitted to up waste management and handling plans for some of its ports.
Sector: Water

C-387/07, MI.VER and Antonelli
ECJ 11-12-2008, not yet reported
The European Court of Justice gave a preliminary ruling concerning the interpretation of Council Directive 75/442/EEC on waste. According to the Court EC law does not request waste handlers to store different categories of waste separately nonetheless, the Member States have the right – the obligation even – to ensure this separation in order to protect the environment.
Sector: Waste
C-330/08, Commission v. France
ECJ 11-12-2008, not yet reported
France has been condemned by the ECJ for the failure to transpose correctly into national law of Directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage.
Sector: General
Added to Sectors, Legal Texts
*Directive 2008/105/EC on environmental quality standards in the field of water policy
On 13 January 2009 Directive 2008/105/EC on environmental quality standards in the field of water policy entered into force. In connection with the Water Framework Directive, this law s quality standards for thirty-three major water pollutants. The Directive in its final form was approved on 16 December 2008. Member States must transpose the new rules by July 2010.

Added to Sectors, General
*Czech Presidency elaborates its EU presidency priorities
On 6 January 2009 the Czech EU Presidency issued a press release detailing its priorities in the field of environmental protection. After the adoption of a major package on climate change in December 2008, the Presidency wishes to keep a high level of attention on this issue. Steps are planned to be taken in the field of transport, including the review of the Eurovignette scheme, and on the sustainability of the aviation sector and the Marco Polo programme. The Presidency also emphasized the importance of actions targeting energy efficiency, energy labelling and energy performance of buildings. Other plans include the revision of the Ecolabel and the EMAS environmental management scheme.

*EEA projects 2009’s green policy directions
On 9 January 2009 the European Environment Agency (EEA) presented a report on its projections for the priorities of EU environmental policy debates in 2009. Among these, the EEA lists: global climate change talks, climate adaptation and water, invasive species, air quality, bioenergy, marine management, the common agricultural policy and waste shipments. In the endeavour to help future policy making, the report emphasizes the importance of submitting detailed information on implementation of environmental legislation in the Member States,.

Added to Sectors, Climate Change
*MEPs adopt climate and energy package
On 17 December 2008 a package of six climate and energy laws was approved by the plenary of the European Parliament is Strasbourg. The package aims at achieving 20% reduction in greenhouse gas emissions by 2020. It contains a regulation ting binding CO2 emission limits for new passenger cars, four directives (EU ETS review, promotion of carbon capture and storage CCS, promotion of renewables in the energy consumption and revision of existing fuel quality rules) and one decision that s reduction targets for sectors that do not participate in the EU ETS. After the formal approval of the the Council of Ministers, the new laws will be published in the EU Official Journal.

National Pages

The following national pages have been updated: Austria, France, Hungary, Slovakia, Spain and Sweden

Notably, the following information was introduced:

Added to National Pages, Austria
*Commission brings Austria before ECJ for traffic ban
The European Commission announced court action against Austria for having imposed a ban on vehicles transporting heavy goods on the A12 motorway in May 2008. According to the Commission the ban was disproportionate and Austria could have used other less restrictive measures to reduce air pollution.

Added to National Pages, France

*Survey on green crimes
According to a report published by the observatory of delinquency – a department of the French national institute of higher security studies – more than 57,000 environmental offences were reported in the country in 2007. Noise pollution and illegal waste dumping are amongst the most frequent environmental offences.
Added to National Pages, Hungary
*Budapest tackles air pollution with unusual measures
Because of the extremely high level of air pollution, the major of Budapest recommended transitory measures to reduce the smog. It was suggested that between 11 and 13 January 2009 on even days only cars with licence plates of even numbers would use the roads of Budapest and viceversa on odd days. According to a survey this action led to a 15-18% decrease of the road traffic in the capital.
Added to National Pages, Slovakia
*Slovakia decides against re-opening nuclear power plant
Referring to recent problems with European gas supplies caused by a dispute between Russia and Ukraine, Slovakia contemplated to re-open an already closed nuclear power plant, but finally decided against it. The Bohumice nuclear power plant was considered by the 1992 G7 summit to represent an “unacceptably high level of risk”: the EU accession treaty of Slovakia demanded the complete phase-out of the plant. Slovakia did not abandon its plans completely by arguing that “at a time of crisis” re-opening would be a necessary and justified measure. Bulgaria also contemplates an extended use of its nuclear power.

Added to National Pages, Spain
*Spanish waste management plan favours incineration
A plan on managing waste was approved by the Spanish government with the objective to reduce landfills by increasing the use of waste incineration. The plan also includes measures against illegal dumping of waste and on reducing greenhouse gas emissions caused by waste.

Added to National Pages, Sweden
*Swedish public sector invests into green vehicles (press release in Swedish)
According to the public announcement made by the Swedish minister responsible for communication, the country’s public sector will be furnished with a substantial amount of low-carbon emission cars and service vehicles. As of February 2009, it is mandatory for all the government departments to purchase either hybrid of biofuel-using cars.
Added to Events

*Energy Efficiency for Commercial Buildings
This conference will consider the key roles of cutting-edge technologies in reducing the cost of energy consumption for leading commercial organisations. A leading panel of speakers will address the latest challenges and developments within this rapidly changing sector.
Location: London, UK
Date: 4-5 February 2009

*The Carbon Trading Summit
The summit will identify the trends and business drivers that will dominate the carbon market following the Copenhagen international climate summit in December 2009. The Economist Intelligence Unit will help you predict the key features of the crucial mega-trends that will dominate the global market. Priority will be given to discussion of real operational business issues, focusing on best practice and case studies.
Location: Paris, France
Date: 5 February 2009

*Green Retail ’09
Green Retail addresses sustainability issues in the retail environment. Tackling pertinent topics as identified by retailers, this two-day event will bring together the green experts through case studies, discussions and group work.
Location: London, UK
Date: 11-12 February 2009

*BioPower Generation 2009
Focusing on the latest developments in international policy frameworks for bio power generation the conference will identify the main opportunities, challenges and barriers faced by companies in the bio power industry. It will show what feedstocks are available and how a sustainable, secure biomass supply chain can be developed. Attendees will learn about transport logistics solutions and the business relationship between suppliers and power stations.
Location: London, UK
Date: 12-13 February 2009
Added to Vacancies

*United Nations Environment Programme (UNEP) -&nbspSenior Environmental Affairs Officer, P-5
Within UNEP’s Division of Early Warning and Assessment (DEWA), the incumbent will function as Head of the Integrated Environmental Assessment Section (IEA) and will perform the following functions: plans, coordinates and directs the production of recurrent Global Environment Outlook (GEO) reports and other environmental assessments and manages the day-to-day operations of the IEA Section.
Location: Nairobi, Kenya
Deadline:13 February 2009

*United Nations Environment Programme (UNEP) -&nbspCoordinator (Marine Ecosystem), P-5
Within UNEP’s Division of Environmental Policy Implementation (DEPI), the incumbent will be responsible for formulating and implementing the Marine Ecosystems activities including marine biodiversity, habitat conservation, environmental aspects of fisheries, coral reefs, high seas management and within delegated authority he/she will manage the human and financial resources of the unit, preparing reports and ensuring timely UN reporting requirements.
Location: Nairobi, Kenya
Deadline:22 February 2009

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)