EEL News Service 2009/8, 28 May 2009

Added to Case Law, ECJ

C-368/08, Commission v. Greece
ECJ 19-05-2009
On 19 May 2009, the ECJ condemned Greece for failure to adopt, within the prescribed period (deadline 30 April 2007) all necessary provisions to comply with Directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage (currently available only in Greek and French).
Sector: General

C-390/08, Commission v. Luxembourg
ECJ 14-05-2009
Luxembourg has been condemned by the ECJ for failure to communicate to the Commission until 15 March 2007 information on national measures concerning a mechanism for monitoring greenhouse gas emissions and implement the Kyoto Protocol pursuant to article 3, paragraph 2 of Decision 280/2004/EC and articles 8 to 11 of Decision 2005/166/EC (currently available only in French).
Sector: Climate Change
Added to Legislation, Transport

*Directive 2009/33/EC on the promotion of clean and energy efficient road transport
On 15 May 2009 the new Directive 2009/33/EC on the promotion of clean and energy-efficient road transport vehicles has been published in the Official Journal. The Directive requires contracting authorities and certain operators to take into account lifetime energy and environmental impacts, including energy consumption and emissions of CO2 and of certain pollutants when purchasing road transport vehicles. The Directive will enter into force in mid-June 2009 and Member States will have to implement it into national law until 4 December 2010.
Added to Sectors, General
*11th EU-China Summit
The European and China agreed at the eleventh EU-China Summit in Prague on 20 May 2009 to strengthen cooperation and further work together to address global challenges including the financial crisis, climate change and energy security. President of the European Commission, José Manuel Barroso urged China to disclose its positions on Climate Change in order to make a deal possible in Copenhagen by the end of 2009. During the Summit, the two parties reaffirmed their commitment to a project to showcase technology for generating electricity from coal without releasing CO2 and signed cooperative agreements including the Joint Statement on Europe-China Clean Energy Center, EU-China Science and Technology Partnership Scheme, and EU-China SMEs Cooperation Point of Consensus.

Added to Sectors, Climate Change

*EU emissions fell 3% in 2008
Greenhouse gas emissions from all installations covered by the EU Emission Trading Scheme (EU ETS) fell 3% in 2008 compared with 2007, according to data published by the European Commission on 15 May 2009. The data, based on information provided by Member State registries, showed mixed results across the EU. Some big polluters, notably the UK, increased their emissions rise, but three other big economies – Germany, Italy and France – emitted less than in 2007. “The 3% reduction was partly due to businesses taking measures to cut their emissions in response to the strong carbon price that prevailed until the economic downturn started”commented Environment Commissioner Stavros Dimas. Last year marked the beginning of the second trading period of the EU ETS, which runs from 2008 to 2012, and under which the EU must cut emissions across the whole economy by an average of 6.5%

*EU and Australia join forces in global carbon capture and storage initiative
EU and Australia signed on 20 May 2009 a Memorandum of Understanding committing the EU as a founding partner of the Global Carbon Capture and Storage (CCS) Institute. The Global CCS Institute is an initiative of the Australian Government to accelerate the deployment of CCS technology globally and the sharing of information. Currently it has the support of 85 bodies including 16 national governments and 40 major companies.

Added to Sectors, Energy
*Commission calls for proposals, ing financial assistance to energy investments
On 18 May 2009 the European Commission has launched a call for proposals in order to award financial aid to key energy infrastructure projects such as energy interconnections, offshore wind energy and carbon capture and storage as part of the implementation of the European Energy Programme for Recovery (EEPR), on which the Council and the Parliament have reached an agreement. The EU funding available will be €3.98 billion, allocated as follows: €2.365 billion for gas and electricity projects, €565 million for offshore wind energy projects and €1.050 billion for carbon capture and storage projects. Project promoters are invited to submit their proposals by 15 July 2009.
Added to Sectors, Nature and Agriculture
*Europe’s amphibians and reptiles in danger of extinction
One fifth of Europe’s reptiles and nearly a quarter of its amphibians are threatened, according to new studies carried out by the International for the Conservation of Nature for the European Commission. The studies constitute the first European Red Lists for amphibians and reptiles. The figures show that more than half of all European amphibians (59%) and 42% of reptiles are in decline, which means that amphibians and reptiles are even more at risk than European mammals and birds. Europe is home to 151 species of reptiles and 85 species of amphibians, many of which are found nowhere else in the world.
Added to Sectors, Waste
*Commission published guidelines on beverage packaging
On 9 May 2009 the European Commission has released a Communication on beverage packing, deposit systems and free movement of goods. The Communication aims to provide legal clarification on the application of the EU’s packaging and packaging waste legislation seeking to strike a fair balance between environmental objectives and internal market needs. The Communication reflects the experience gained from major infringement cases in countries such as Germany, Denmark, the Netherlands and Hungary. According to the Commission drinks packaging deposit systems should be country-wide, treat imported products in a non-discriminatory way, and any exemption or differentiation should be based on the packaging material used rather than the contents.
National Pages

The following national pages have been updated: Italy

Notably, the following information was introduced:

Added to National Pages, Italy
*Commission sent reasoned opinion to Italy over maritime pollution
The European Commission addressed a reasoned opinion to the Italian authorities for their failure to comply with a judgement of the European Court of Justice. In case C-368/07, the ECJ has d that Italy had failed to adequately implement Directive 2000/59/EC on port reception facilities for ship-generated waste and cargo residues. One of its key provisions concerns the establishment, approval and implementation of ship-generated waste reception and handling plans for each port. Whilst the Directive was to be implemented by 27 December 2002, at the time of the Court’s decision on 25 September 2008, a very significant number of Italian ports still did not have a reception and handling plan for ship waste. According to the Commission, since then, the situation remains essentially the same.
Added to Upcoming Events

*Energy Trading Central & South Eastern Europe 2009
The Energy Trading Central and South Eastern European conference will provide to participants an opportunity to understand implementation of the third package of EU Internal Market Legislation discover trading energy in Eastern Europe in an era of government interference in markets hear how the European Commission intends to tackle the issue of developing a competitive single EU gas market and at the same time ensuring security of supply.
Location: Budapest, Hungary
Date: 3-4 June 2009

*The Politics of Climate Change Agreement
This conference will focus on the politics of reaching a multilateral Climate Change Agreement in 2009, and will address the following questions: where there may be the need for collaboration and compromise what the alternatives are if agreement is not reached what the roles of major players such as China and Russia will be whether the USA’s new administration can put a strategy in place in time to reach agreement in 2009 whether developing countries can achieve an equitable deal and whether global economic recession will create an opportunity to finance low carbon development.
Location: London, UK
Date: 6-7 July 2009

*European Forum for Industrial Biotechnology
The European Forum for Industrial Biotechnology 2009 promises an informative 3 day event comprising a strong advisory board, workshops, an exhibition, focused plenary sessions and three new dedicated programme tracks focusing on feedstock for the biobased economy, policies, regulations and innovation.
Location: Lisbon, Portugal
Date: 20-22 October 2009

Added to Vacancies

*UNFCCC, Programme Officer, Clean Development Mechanism, P3
Under the direct guidance of the Manager, CDM Process Management, the incumbent supports the planning and monitoring as well as managing the coordination of the work emanating from the three functional areas of CDM (Accreditation and Project Assessment, Process Management, Methodologies), cross cutting support functions and the CDM utive Board (CDM EB) and leads the EB and CMP Support Team.
Location: Bonn, Germany
Deadline: 17 June 2009

*International Institute for Environment and Development, Researcher, Climate Change Group
The Climate Change Group aims to build partnerships and capacity, and support wise decision-making for a fair global climate change regime, and to promote adaptation on the ground in vulnerable low/middle-income countries. Current work includes working with international negotiators from the least developed countries as part of the European Capacity Building Initiative (ecbi).
Location: London, UK
Deadline: 12 June 2009

*European Environment Agency, Project Manager – Marine and Maritime Assessment
The EEA is seeking to recruit an experienced environmental analyst with expertise on marine ecosystems-based practices, e.g. environmental aspects of fisheries or coastal zone management. Under the responsibility of the Head of Group responsible for Water issues, reporting to the Head of Programme, Natural systems and vulnerability, the Project Manager shall be responsible for providing strategic planning and operational management of information provision and in-depth assessments in the field of marine and coastal management and the environmental aspects of maritime activities.
Location: Copenhagen, Denmark
Deadline: 19 June 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)
Efstathia Koutsopoulou (T.M.C. Asser Institute, The Hague)

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