This Practice Note is a snapshot of the ambient air quality and cleaner air Directive 2008/50/EC, which aims to protect human health and the environment by establishing measures to monitor the purity of ambient (or outside) air, and removing any pollutants, to ensure the air we breathe is as clean as possible. It looks at main changes to this directive, key requirements and definitions, competent authorities, zones and agglomerations, air quality assessment, air quality management, plans, information and reporting and implementation measures. It also covers the infringement proceedings against the UK for breaches of the directive related to nitrogen dioxide levels in certain air quality zones. It was produced in partnership with Laura Bolado. This Practice Note also links to related Brexit content.
This Practice Note explains the existing procedures for the revision (amendment) of the EU Treaties and provides some examples of their usage after the entry into force of the Lisbon Treaty. It also provides general guidance on ratification and tips on which ‘Treaties’ are not to be considered EU Treaties per se.
This Practice Note provides background to the coming into force of Renewable Energy Directive 2018/2001/EC (RED II). RED II came into force on 24 December 2018. A new Practice Note is being produced providing a snapshot of RED II as in force.
This Practice Note is a snapshot on the Bathing Waters Directive 2006/7/EC. The Bathing Water Directive moves from simple sampling and monitoring of bathing waters to bathing quality management. It provides for better information to be available to citizens about the quality of their bathing waters, including logos, and supplements the Water Framework Directive (WFD). It was produced in partnership with Laura Bolado. This Practice Note also links to related Brexit content.
This Practice Note is a snapshot on the Birds Directive 2009/147/EC, which deals with the conservation of all species of naturally occurring wild birds in the EU. It covers the protection, management and control of these species and sets out rules for their exploitation. It was produced in partnership with Laura Bolado. This Practice Note also links to related Brexit content.
This Practice Note provides an overview of the Charter of Fundamental Rights of the European Union, where it comes from, how it was interpreted before the Treaty of Lisbon and, most importantly, how it is applied following the entry into force of the Treaty. In addition it explains and contrasts the Council of Europe’s Convention on Human Rights (ECHR), the rulings of its Court (ECtHR) and how they interact with the EU as a whole, particularly with EU case law. It also makes reference to the situation of the UK with regard to the application of the Charter and the scope for divergence between UK and EU law in this area post-Brexit.
This Practice Note is a snapshot on the Clean Energy Package (also known as the EU ‘Winter Package’ or ‘Winter Energy Package’) that was presented as a set of legislative proposals and policy measures by the European Commission in late November 2016. The package comprises measures in various energy-related areas including energy efficiency, renewables, the Energy Union and aims to empower consumers while delivering economic growth and jobs creation.
This Practice Note examines the doctrine of direct effect of EU law and illustrates with reference to EU case law the requirements established for it to apply. Both direct and indirect effect are considered, with case law examples, and the definition of ‘emanation from the State’ is also explored. This Practice Note also provides a visual aid to simplify the cases where direct effect can arise.
This Practice Note is a snapshot on the Effort Sharing Decision (ESD) 2009/406/EC, which establishes binding annual greenhouse gas (GHG) emission targets for Member States for the period 2013–20 for GHG emissions from most sectors not included in the EU Emissions Trading System (EU ETS), such as transport, buildings, agriculture and waste. The Practice Note considers the purpose and scope of the ESD, key definitions and requirements, emissions levels for the period 2013–2020, energy efficiency improvements, use of credits from project activities, reporting and evaluation of progress, what corrective action can be taken where a Member State’s emissions exceed the annual emission allocation (AEA), adjustments applicable upon the approval by the EU of an international agreement on climate change, as well as changes made to Directive 2003/87/EC and Regulation (EU) 994/2008, and the Commission’s reporting requirements to evaluate the implementation of the ESD. This Practice Note also links to related Brexit content.
This Practice Note is a snapshot on the Energy Efficiency Directive 2012/27/EU which establishes a set of binding measures to help the EU reach its 20% energy efficiency target by 2020 and its updated targets under the Clean Energy Package for 2030. It requires all EU countries to use energy more efficiently at all stages of the energy chain from its production to its final consumption. This Practice Note also links to related Brexit content.
This archived Practice Note is a snapshot of the Energy Labelling Directive 2010/30/EU (Energy Labelling Directive) which established a framework for the harmonisation of national measures on end-user information for energy-related products via labelling and standard product information. The Energy Labelling Directive was repealed by Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling. This Practice Note also links to related Brexit content.
This Practice Note provides a summary of the Floods Directive 2007/60/EC on the assessment and management of flood risks. It covers the purpose, scope, and key provisions of the Floods Directive, as well as details of the Flood Risk Regulations 2009, SI 2009/3042 (as amended) in England and Wales. It was produced in partnership with Laura Bolado.
This Practice Note is a snapshot on the Fuel Quality Directive 2009/30/EC, which establishes a framework for monitoring and reducing fuel life cycle greenhouse gas (GHG) emissions, helping to achieve GHG reduction goals and ensure the sustainability of biofuels. It focuses on the amendments made by the Fuel Quality Directive to Directive 98/70/EC (as regards the specification of petrol, diesel and gas-oil) and Directive 1999/32/EC (relating to a reduction in the sulphur content of certain liquid fuels). It also considers implementation in England and Wales. It was produced in partnership with Laura Bolado. This Practice Note also links to related Brexit content.
This Practice Note explains the requirements and limits of the doctrine of indirect effect, or consistent interpretation of national law with EU law, which EU Member States’ courts are obliged to apply should their national legal orders permit. The evolution of the doctrine at EU level is presented from a chronological viewpoint.
This is a powerpoint introduction to the EU legal system with emphasis on environmental law. It has been produced by EU law specialist Laura Bolado. The slides can be used for training purposes and include speaker notes and tips on legal research. It provides an overview of the founding treaties, the institutional framework and the sources and principles of EU law. It explains how EU law is superior to Member State’s national law and how the Commission can commence infringement proceedings against non-compliant states. The powerpoint concludes by looking at the implications of Brexit.
This Practice Note is a snapshot on the Marine Strategy Framework Directive 2008/56/EC, which establishes a common framework and objectives for the prevention, protection and conservation of the marine environment against damaging human activities. This Practice Note also links to related Brexit content.
This Practice Note is a snapshot on the Medium Combustion Plant Directive (EU) 2015/2193 which regulates emissions from the combustion of fuels in certain type of plants, filling the regulatory gap at European Union (EU) level between large combustion plants (>50 MWth) and smaller appliances (heaters and boilers <1 MWth) covered by the Industrial Emissions Directive 2010/75/EU and Ecodesign Directive 2009/125/EC respectively. It also addresses the need for Member States to apply stricter emission limit values (ELVs) in areas where this can improve local air quality in a cost-effective way. Medium combustion plants (MCPs) are typically used for electricity generation, heating and cooling and providing heat or steam for industrial processes. The directive applies to MCPs with a rated thermal input between 1 MW and less than 50 MW and regulates emissions of sulphur dioxide (SO2), nitrogen oxides (NOx) and dust into the air. The emission limit values set out in the directive must be applied from 20 December 2018 for new plants and by 2025 or 2030 for existing plants, depending on their size. This Practice Note also links to related Brexit content.
This Practice Note is a snapshot on the Ship Emissions Monitoring Regulation EU 2015/757 also known as MRV Regulation which establishes rules for an EU system to accurately monitor, report and verify (MRV) CO2 emissions and other relevant information from large ships using EU ports. This Practice Note also links to related Brexit content, including the Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations, SI 2018/1388.
This Practice Note is a snapshot on the NEC Directive 2001/81/EC which sets national upper limits for the total emissions in 2010, and thereafter, of the four pollutants responsible for acidification, eutrophication and ground-level ozone pollution (sulphur dioxide, nitrogen oxides, volatile organic compounds and ammonia).
This Practice Note is a snapshot on the Nitrates Directive 91/676/EEC, which aims to protect waters in the EU by preventing nitrates from agricultural sources from polluting groundwater and surface waters by encouraging the use of good agricultural practices (ie reducing existing and preventing future pollution). This Practice Note also links to related Brexit content.
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