Cándido García Molyneux

Cándido García Molyneux

Cándido García Molyneux is a Spanish of counsel in the Brussels office of Covington & Burling.  His practice focuses on EU environmental law, renewable energies, and international trade law.  He advises clients on legal issues concerning environmental product regulation, emissions trading, renewable energies, energy efficiency, shale gas, chemical law, product safety, waste management, and international trade law and non-tariff trade barriers.  Mr. García Molyneux was very much involved in the legislative process that led to the revision and amendment of the ETS Directive and Renewable Energies Directive.  He is an external professor of environmental law and policy at the College of Europe.

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European Commission Proposes Marketing Restrictions on Single Use Plastic Products

Citing a responsibility to tackle the problem of marine litter originating from Europe, on May 28, 2018, the European Commission presented a proposal for a Directive on Single Use Plastic Products that if adopted will restrict and increase the costs of marketing different categories of single use plastic products and fishing gear containing plastic.  Many … Continue Reading

The European Commission Presents its 2030 Clean Energy Package

Last week the European Commission presented an extensive package of legislative proposals (“Clean Energy Package”) that are intended to achieve and implement the European Union’s climate change and clean energy targets for 2030: a 40% cut of CO2 emissions, a share of 27% for renewable energies, and energy savings of 30%. The package presents both … Continue Reading

EU Adopts New Guidance on Environmental Claims

The EU recently published a Guidance on Compliance Criteria on Environmental Claims (“Environmental Claims Guidance”).  The Guidance is intended to support economic operators and EU Member State enforcement authorities in  their application and implementation of the principles of the Unfair Commercial Practices Directive (“UCP Directive”) to self-declared environmental claims and related graphics and imagery.  The … Continue Reading

The European Commission Adopts Circular Economy Package

The European Commission has adopted a Circular Economy Package (“Package”) intended to create a single market for the reuse of materials and resources.  The policy initiatives discussed in the Package will impose on companies manufacturing or marketing goods in Europe additional eco-design, waste take back, and other producer responsibility requirements.  Some initiatives may also encourage … Continue Reading

Can Courts Oblige States to Increase Greenhouse Gas Emission Cuts? Urgenda vs. Dutch State

On September 23, the Dutch Government appealed a decision* of the District Court in The Hague that obliges the Dutch State to reduce its greenhouse gas (“GHG”) emissions by at least 25%, instead of the currently envisaged 17%, compared to 1990 levels.  The decision is unique in its kind in Europe: it forces a government … Continue Reading

EU Court of Justice Decides on Complex Articles Under REACH

Yesterday, the Court of Justice of the European Union (“CJEU”) held that the obligations on importers to notify the European Chemicals Agency (“ECHA”) and on suppliers to inform customers under the REACH Regulation apply to each of the articles contained in a complex article and not only to the complex article as a whole. The … Continue Reading

The Road to Paris 2015: The G7 Declaration on Climate Change — Will It Make a Difference?

Climate change was high in the agenda of the G7 Summit that concluded in Germany yesterday.  After years of failing to agree on a binding global action plan to limit the impact of climate change, the seven most industrialized countries of the world expressed their strong determination to reach a deal at the COP 21 … Continue Reading

The Road to Paris 2015: The EU Commits to a 40% Reduction of Greenhouse Gas Emissions as Part of its INDC to the UNFCCC COP 21

The Council of Environment Ministers of the European Union has approved the EU’s Intended Nationally Determined Contribution (“INDC”) in anticipation of the COP 21 of the UNFCCC in Paris in December 2015.  At COP 21, the UNFCCC contracting parties are expected to agree on a new international legal agreement on climate change to be implemented … Continue Reading

EU Court of Justice Clarifies that the Exploratory Drilling of Petroleum and Natural Gas May Be Subject to an Environmental Impact Assessment

Recently, the Court of Justice of the European Union (“CJEU”) held that EU Member States are not obliged to require an environmental impact assessment for all exploratory drillings.  However, the Court’s decision can also be interpreted as requiring Member States to demand such impact assessment if the drillings can be classified as “deep drillings” and, … Continue Reading

The Road to Paris 2015: The European Commission Announces its Initiatives to Achieve a European Energy Union and an International Climate Change Deal

On February 25, 2015, the European Commission presented three communications on: a Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy; Achieving the 10% Electricity Interconnection Target: Making Europe’s Electricity Grid Fit for 2010; and The Paris Protocol: A Blueprint for Tackling Global Climate Change Beyond 2020. These three Communications build … Continue Reading

NGOs May Sue European Governments for Failure to Comply with EU Mandatory Environmental Standards

In November, the Court of Justice of the European Union (“CoJ”) held once again that NGOs and persons directly concerned may bring legal actions before national courts against EU Member States that fail to comply with EU mandatory environmental standards.  The CoJ’s decision (CJEU, C-404/13) concerned the UK government’s failure to adopt adequate plans to … Continue Reading

The Road to Paris 2015: European Council Deal on Future Climate Change and Energy Policy

Last Thursday, the 28 Heads of State of the European Union meeting at the European Council reached a political agreement on the EU’s climate and energy framework for 2030.  The compromise is intended to send a signal in anticipation of the next United Nations Framework Convention on Climate Change (“UNFCCC”) Conference of Parties scheduled for … Continue Reading

EU Consultation on the Development of Criteria to Identify Endocrine Disruptors in Biocidal and Plant Protection Products

On September 26th the European Commission launched a public consultation on the development of criteria to identify endocrine disrupting chemicals in biocidal and plant protection products.  The consultation is open for contributions until January 16th, 2015, and its results may significantly impact a wide variety of products (e.g., cosmetics, medical devices, pharmaceuticals, consumer products) as … Continue Reading

EU Court Confirms Support for Protective Local Green Energy Schemes: Will This Approach Spill Over to Other National Environmental Measures?

EU Member State green energy schemes that only support locally produced renewable energy are compatible with EU law.  This is the main conclusion of the Court of Justice of the European Union in its judgment of 11 September 2014 (CJEU, Joined Cases C-204/12 to C-208/12, Essent Belgium NV v. Vlaamse Reguleringsinstantie voor de Electriciteits- en … Continue Reading

The EU’s New Energy Efficiency Directive Becomes Applicable Across Europe

On June 5, 2014, the European Union’s Energy Efficiency Directive (“EED”) will become applicable in all EU Member States. This Directive establishes an EU-wide framework aimed at promoting energy efficiency and will provide important challenges and opportunities for companies doing business in Europe. What is the purpose of the Directive? The EED is one of … Continue Reading

“What’s in a Name?: Legal Implications of the EU Recommendation on Shale Gas”

While the European Commission’s Recommendation on Shale Gas of  January 22, 2014 is not legally binding, it may have different legal impacts on EU institutions and agencies as well as public authorities and private parties in the EU Member States.  The attached article published in the Environmental Law Reporter describes four different legal scenarios that could … Continue Reading

Upcoming New Legislation to Facilitate Shale Gas Operations in Poland

The Polish government has proposed new draft rules on the prospection, exploration and extraction of hydrocarbons as well as their taxation that aim to facilitate the development of shale gas operations in Poland. The proposed amendments to the Geological and Mining Law would significantly streamline the procedures to grant concessions and also extend concession periods.  … Continue Reading

The New European Commission’s Communication and Recommendation on Shale Gas

On January 22, 2014, the European Commission published its Communication and Recommendation on Shale Gas.  The documents finally published are essentially the same as the draft versions that we reported in our blog post of January 17, 2014 and only introduce minor changes. Among other things, the Recommendation now confirms that it “neither implies that … Continue Reading

The Upcoming European Commission’s Recommendation on Shale Gas: A Transitional Political Compromise?

The European Commission is expected to adopt a communication and recommendation on the exploration and production of unconventional hydrocarbons (especially shale gas).  The draft communication and recommendation, which are still subject to change, are being discussed among the cabinets of the 28 Commissioners of the European Commission as part of the 2030 climate change package, … Continue Reading
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