Juan Alejandro Martínez Navarro, Ariana Expósito Gázquez
{"title":"Forest Harvesting in the Framework of the Bioeconomy. A Legal-Economic Reflection","authors":"Juan Alejandro Martínez Navarro, Ariana Expósito Gázquez","doi":"10.54648/eelr2022025","DOIUrl":"https://doi.org/10.54648/eelr2022025","url":null,"abstract":"The bioeconomy has emerged in the European environment as a transformative phenomenon in all areas, with particular intensity in the legal and economic sector. In the current context of sustainable development, waste recovery and forestry have taken a leading role in EU policies. This study presents the legal and economic reality of forest harvesting in Spain, through the study of the applicable legal regime, forest management mechanisms and the contribution of waste recovery and the bioeconomy to the forestry sector.\u0000Forestry, waste, biomass, bioeconomy, forest management, Spanish framework","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46651580","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"European Regulatory and Insurance Aspects of Carbon Capture and Storage","authors":"K. Noussia, C. Caine, W. Richardson","doi":"10.54648/eelr2022024","DOIUrl":"https://doi.org/10.54648/eelr2022024","url":null,"abstract":"Carbon capture, use and storage (CCUS) has the potential to significantly reduce carbon emissions, however, because CCUS technology almost exclusively aims for carbon mitigation without co-benefits, this expensive technology has not been widely adopted. In order to make this technology viable, a robust regulatory and legal regime is required both internationally and within the European Union (EU). A comprehensive insurance system is also required to ensure that efficient running of CCUS. With this understanding in mind, this article analyses the regulatory regime governing CCUS both internationally and in the EU and also the law governing insurance of this technology. It argues that whilst European regulation has improved with respect to filling regulatory gaps, a number of gaps are identified which still need to be closed. In addition, the article will argue that special insurance coverage for specialized risks must be in place to diminish any environmental impact and hazard, including cyber-related risks that need to be identified and insured to be properly handled and adequately covered to allow for the successful deployment of CCUS.\u0000Carbon capture, use and storage; climate change; climate change mitigation; environmental insurance; cyber insurance; EU environmental law","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42957996","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Article: Legislative Pioneer on Global Forest Protection? A Commentary on the European Union’s Proposed Deforestation-Free Product Regulation","authors":"Martin Hedemann-Robinson","doi":"10.54648/eelr2022023","DOIUrl":"https://doi.org/10.54648/eelr2022023","url":null,"abstract":"The aim of this article is to consider recent developments in the European Union’s legal policy on combating global forestation. Specifically, it focuses on the significance of the European Commission’s recent legislative proposal of November 2021 to minimize the EU’s contribution to deforestation and forest degradation (DFD) worldwide by banning the placement on the internal market or export from the Union of certain commodities that have been produced on land that has been subject to deforestation or from wood harvested from forests inducing forest degradation (referred to in this article as the draft deforestation-free product regulation (DFPR)). Whilst for a number of years the EU’s approach towards addressing global forest depletion has been focused on combating the trade in illegally harvested timber products and more lately on biofuel sourcing for renewable energy policy purposes, the recent launch of the DFPR proposal reflects a growing awareness by the EU that its contribution to the environmental problem of DFD is more profound and far-reaching than previously recognized. EU consumption of a range of commodities constitutes an important DFD driver, through which large areas of natural forest have been depleted at an unsustainable rate for the purposes of agricultural conversion and production, with severe consequent environmental and social costs. The article explores the content and implications of this new legislative initiative, for the Union and more broadly for the international community. Given the continued absence of a global environmental agreement addressing DFD, the stakes for the Union are high economically, politically and to some extent legally for it deciding unilaterally to introduce regulatory controls on a range of commodities to address its complicity in consumption involving embedded deforestation. One thing is clear, though, namely that the EU is not afraid to act as a legislative pioneer on the international scene, in which the Union’s environmental values may be seen as trumping short-term economic considerations of international competitiveness.\u0000European Union, deforestation, forest degradation, draft deforestation-free product regulation","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46510966","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Assessing the Compatibility of Vehicle Electrification With the EU’s Circular Economy Objective","authors":"Audrey Danthinne, Michael Picard","doi":"10.54648/eelr2022026","DOIUrl":"https://doi.org/10.54648/eelr2022026","url":null,"abstract":"The electrification of vehicles and the transition to a circular economy (CE) are important aspects of the EU’s strategy to become climate neutral by 2050. However, the compatibility between these two objectives is questionable. Indeed, the lithium-ion batteries (LIBs) used in most electric vehicles (EVs) are currently difficult to recycle due to economic and practical challenges. This recycling problem increases the risk that end-of-life LIBs end up in landfills. If so, the CE would be severely punctured. Our study analyses how this potential inconsistency is addressed at the EU level by focusing on three EU legal instruments, i. e., the current and proposed regulatory framework for batteries and waste batteries, the End-of-Life Vehicles (ELV) Directive and the new Taxonomy Regulation. It observes that while the EU stands out in imposing sustainability requirements on the battery and vehicle industries, several shortcomings remain, such as the lack of specific legal provisions for LIBs, inappropriate targets and weak extended producer responsibility (EPR), which undermine the credibility of vehicle electrification as a climate change mitigation strategy in the EU.\u0000Vehicle Electrification, Circular Economy, Lithium-ion Batteries, Recycling, European Union, Zero-emission, Waste Batteries, Electric Vehicles, Climate Change Mitigation, Sustainability","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47205007","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
R. Leal-Arcas, Manuliza Faktaufon, Hannah Kasak-Gliboff, Cindy Li, Lee Guantai, Ervin Smajic
{"title":"Three Steps in the Aftermath of COP26: Trade, Key Players, and Decarbonization","authors":"R. Leal-Arcas, Manuliza Faktaufon, Hannah Kasak-Gliboff, Cindy Li, Lee Guantai, Ervin Smajic","doi":"10.54648/eelr2022020","DOIUrl":"https://doi.org/10.54648/eelr2022020","url":null,"abstract":"This article offers three instruments to effectively mitigate climate change in the context of the Conference of the Parties (COP)26 and beyond. The first is the interaction between the climate and trade regimes. To that end, this article presents a thought-provoking premise – that mega-regional trade agreements (RTAs) can take a significant role in climate change mitigation. It argues that mega-RTAs can go further to galvanize climate change mitigation, in particular in the energy sector. The energy sector is the largest contributor of greenhouse gas (GHG) emissions, with the majority of energy consumption being supplied by fossil fuels such as coal, natural gas, and oil. As such, there are two main arguments made herein. First, mega-RTAs, as tangible indications of what is acceptable to major economies, are the impetus to influencing greater coherence on energy efficiency standards. This contributes to climate action by creating, even if to some extent, the harmonization of an otherwise fragmented status of energy governance. Second, mega-RTAs can create substantive provisions that redirect support from fossil fuels to renewable energy. This is the very essence of the energy transition. It is envisaged that these two roles conveyed effectively through mega-RTAs can substantially support the energy transition and amounts to action that mitigates climate change and promotes sustainable energy. The second instrument to effectively mitigate climate change is the role of two major Asian countries that are key in the fight against climate change, namely India and China. Both countries can play a major role in effectively mitigating climate change in the future, following the agreement at COP26 that coal must be phased down. Lastly, the third instrument is visualizing what a decarbonized future would look like. Two of many possible pathways for decarbonization are examined: clean-energy technologies and shale gas as a bridge to sustainability. The article argues that these pathways can be meaningful for effective climate action and are in alignment with the Glasgow Climate Pact.\u0000energy transition, mega-regional trade agreements, fossil fuels, renewable energy, global energy governance, electrification, clean-energy technologies, shale gas, sustainability","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44583082","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Models of Environmental Criminal Law, Between Dependence on Administrative Law and Autonomy","authors":"Andrea Di Landro","doi":"10.54648/eelr2022019","DOIUrl":"https://doi.org/10.54648/eelr2022019","url":null,"abstract":"The article intends to analyse the pluses and minuses of traditional environmental criminal law’s dependence on administrative law. The two possible forms of integration between criminal and administrative law, i.e., the so-called ‘purely accessory’ and ‘partially accessory’ models, are evaluated from a comparative perspective, while also considering the European Directive 2008/99/European Community (EC) on the protection of the environment through criminal law, and the new proposal for a Directive, replacing the previous one, put forward by the European Commission in December 2021. Followed by a reflection on the different model of environmental criminal law, autonomous from administrative law (also called the ‘purely criminal’ model: a model that should be associated with the purely accessory one and the partially accessory one).\u0000models of the environmental criminal law, eco-crimes, environmental criminal law’s dependence on administrative law, purely accessory model, autonomy of environmental criminal law from administrative law, European Directive 2008/99/EC on environmental crimes, European Commission proposal (2021) for a new ‘Directive of the European Parliament and of the Council on the protection of the environment through criminal law and replacing Directive 2008/99/EC’","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47028201","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A Critical Analysis of the Proposed EU Regulation on Nature Restoration: Have the Problems Been Resolved?","authors":"Niels Hoek","doi":"10.54648/eelr2022021","DOIUrl":"https://doi.org/10.54648/eelr2022021","url":null,"abstract":"European biodiversity is on a steep decline, in part due to climate change, pollution, overexploitation and changes in land use. In light of this decline, the Habitats Directive, the cornerstone of EU nature conservation law, has been the subject of critique. It can be observed that the Directive suffers from lacklustre (binding) norms on nature restoration – from connectivity restoration to climate change adaptation. However, in June of 2022, the European Commission published a proposal for a Regulation on Nature Restoration, which supplements the existing regimes withinEUnature conservation law – and introduces regimes meant to restore biodiversity within the EU. In turn, this article discusses whether the gaps, weak norms and systematic issues found within the Habitats Directive, related to the restoration of ecosystems, have been sufficiently addressed by this Proposal. It finds that the introduction of specific norms on nature restoration, which are equipped with a historic baseline and subsequent deadlines, do address key gaps within modern- day nature conservation law – whilst taking on a more holistic approach to restoration. However, additional tweaks are still desirable to fully address the gaps within the Habitats Directive as, for example, quantifiable targets for connectivity restoration and the reintroduction of species are still missing. Further questions can be raised regarding the robustness of the overarching target, the mitigation of pollution in natural habitats, and the comprehensiveness and flexibility of its annexes.\u0000Biodiversity, Nature Restoration Regulation, Restoration, EU biodiversity strategy 2030, EU Nature conservation law, The European Green Deal, Habitats Directive, EU Nature Restoration Law","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44120685","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Searching for ‘Environmental Justice’ in EU Environmental Law","authors":"Elias Van Gool","doi":"10.54648/eelr2022022","DOIUrl":"https://doi.org/10.54648/eelr2022022","url":null,"abstract":"Environmental justice (‘EJ’) receives a lot of attention in the environmental social sciences and in U.S. law. But in Europe, it has so far been largely ignored in legal literature and policy debates, which seems difficult to reconcile with an anthropocentric understanding of current environmental law. This article focuses on distributive and procedural dimensions of EJ and on considerations of intragenerational fairness within the EU. General features of EU environmental law are examined in search of ‘hidden’ elements that might help or frustrate this goal. Themain finding is that other fields of law and policy are likely more significant enablers of EJ in Europe. To the extent that EU environmental law contributes, it seems largely an accidental result that is not guaranteed by its design. Substantive EU environmental law pursues a territorially uniform level of environmental protection and seems to have, with the possible exception of environmental impact assessments, no direct mechanisms to consider inequities between human populations. Examples are found of rules that even have clearly adverse consequences for underprivileged populations. The Aarhus Convention provides theoretical opportunities for procedural justice, but the current implementation in practice fails to achieve those and might even operate counterproductively as a mechanism that further benefits the already powerful. Primary EU environmental law largely mirrors these findings. Nevertheless, a correct interpretation of sustainable development in Article 11 of the Treaty on the Functioning of the European Union (TFEU) is identified as a potential key to better integrate EJ in EU policy.\u0000environmental justice, EU environmental law, anthropocentrism, distributive effects, offsets, procedural justice, Aarhus Convention, offsets, Article 191 TFEU, Article 11 TFEU","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45969207","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Economic and Legal Impact of 2020 Sulphur Limit Under Annex VI, MARPOL","authors":"Abhay Singh, S. Shanthakumar","doi":"10.54648/eelr2022017","DOIUrl":"https://doi.org/10.54648/eelr2022017","url":null,"abstract":"Effective from 1 January 2020, the International Maritime Organisation (IMO) has brought down the permissible sulphur emission from vessels to 0.50% m/m from the earlier set 3.5% m/m Sulphur emission limit. The maritime stakeholders stepping away from Heavy Sulphur Fuel Oil (HSFO) and looking towards Very Low Sulphur Fuel Oil, Liquefied Natural Gas, Marine Gas Oil, (VLSFO, LNG, MGO), for compliance or use of Exhaust Gas Cleaning Systems (EGCS) with HSFO. These modes of compliance however are not completely failsafe as they present economical and regulatory challenges. The article presents a study of IMO and Marine Environment Protection Committee (MEPC) regulations, guidance, and guidelines for the implementation of low Sulphur limit.\u0000The nations member to International Convention for the Prevention of Pollution from Ships (MARPOL) are subject to new Sulphur limit and they have devices their own set of policies for compliance causing a lack of uniformity. MARPOL has left the decision of sanctions on the Member State thus the set standards also vary and there exist certain nations with sanction policies in case of violation. The research has addressed the national policies of major maritime contributing nations having varied geographical proximity. Greece, UK, Panama, USA, Australia, China, India, and Nigeria are considered for the study.\u0000The study has shown that open-loop EGCS have been prohibited in various nations due to environmental concerns. Further, many states have not formed sanction policies reflecting the allocation of responsibility in case of non-compliance consequently have established a threat of criminal action against the captain and the crew of the ship. The article concludes that the IMO can issue reservations for national implementation or formulate modal law for national policy-making so that uniformity is achieved. Furthermore, the economic challenges prevalent have occurred due to the high cost of alternative fuel and installation of EGCS which has consequently impacted the opting of compliance mechanism by the shipping industry. The newly built ships preinstalled with EGCS are preferred. The study has suggested that for old vessels EGCS might be the adequate option as the cost of fuel is expected to increase in the post COVID-19 era.\u0000IMO Sulphur Regulation, Shipowner, Charterer, EGCS, Low Sulphur Fuel","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44949619","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Implementation of EU Legal Framework to Reduce Food Waste: The Case of Spain","authors":"Laura Gómez-Urquijo","doi":"10.54648/eelr2022014","DOIUrl":"https://doi.org/10.54648/eelr2022014","url":null,"abstract":"The present study focuses on the legal framework to reduce the environmental damage caused in the European Union by food waste: approximately 88 million tonnes annually, The impacts of these losses throughout the food supply chain are widely recognized, provoking the debate on improving effective legal measures to address the problem and the difficulties of defining accurate policies. Particularly, we consider the need of a higher Europeanization of legislation in this scope as the final implementation of these measures is in the hands of national governments, leading to diverse engagement and fulfilment in this area. Our starting point is the analysis of the recommendations already given, contrasting them with how the last developments have been carried out. First, the multidimensionality of legal measures will be exposed. Second, the suggestions given to the EU legal framework according to its evolution will be systemized. Third, we will contrast the previous findings with national implementation. For this aim, the French legislation, considered a model by relevant literature, and the Spanish legislation, as the last case of transposition of the Waste Directive in the EU, will be highlighted. Finally, the article concludes on proposal for more efficient implementation of the studied legal instruments to reduce food waste.","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43799759","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}