Archives: Europe

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New EU Requirements on Products Containing REACH Candidate List SVHCs

The European Union has adopted a new obligation on suppliers of articles that contain substances listed in the REACH Candidate List of SVHCs in concentrations above 0,1% to submit a notification to the European Chemicals Agency (“ECHA”).  The new requirement is intended to facilitate the recycling of products and was introduced by a new Directive … Continue Reading

European Commission Launches New Antitrust Investigation into LNG Destination Clauses

On June 21, 2018, the European Commission (“Commission”) started a new investigation to determine whether so-called destination clauses in Qatar Petroleum’s liquefied natural gas (“LNG”) supply contracts with European buyers infringe the European Union (“EU”) antitrust rules.… Continue Reading

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

Islamic Finance Update on the Dana Gas Case: Sanctity of English law Contract upheld, Notwithstanding Claims of Shari’ah Non-compliance

This post looks at the recent English High Court decision in Dana Gas PJSC v Dana Gas Sukuk Ltd & Ors [2017] EWHC 2928. Participants in the Middle East (and wider) Islamic finance markets held their breath during much of this year.  This was pending consideration by the High Court in England on some core … 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

Upcoming European Chemical Restrictions in Apparel Raise Concerns

The European Commission intends to ban the use in apparel of hundreds of Cat. 1A and 1B carcinogenic, mutagenic and toxic for reproduction substances (“CMRs”) within the next year. To do so, the Commission expects to use the so-called “fast-track” procedure to ban CMRs under Regulation 1907/2006 (“REACH Regulation”), instead of the standard procedure for … 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

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

Large EU Member States Take National Divergent Measures on Shale Gas Extraction

Member States continue to adopt national and divergent rules on hydraulic fracturing across Europe.  Last week, the United Kingdom facilitated hydraulic fracturing operations by adopting its Infrastructure 2015 Act.  In contrast, Germany is considering the adoption of a legislative proposal that is intended to be more restrictive than the European Commission’s Recommendation on Hydraulic Fracturing. … Continue Reading

The Future of the EU Energy Union and Energy Charter Treaty

On 6 February 2015, the Energy Union Conference in Riga, Latvia (the “Conference”), signalled the start of the Riga Process towards forming the key dimensions and actions of the new EU Energy Union (the “Energy Union”). During the Conference, the Secretariat General of the Energy Charter Treaty[1] spoke of its relevance to the Energy Union. … 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

Comparing Externalities from Energy Sources

Nobel Prize-winning economist Amartya Sen recently decried “the failure to develop a framework for assessing the comparative costs of different sources of energy . . . inclusive of the externalities involved.”  As if on cue, the European Union (EU) issued an interim research report by an outside consultancy last month that purported to do just … Continue Reading

EU Sanctions Against Russia and Their Impact on the Energy Sector

Last week, the EU decided to maintain in force its sanctions against Russia, including the sanctions targeting Russia’s energy sector. The sanctions were adopted on July 31, 2014—by Council Regulation 833/2014 (the Regulation)—and extended on September 12, 2014.  As described in more detail in our recent client alert, the Regulation imposes a licensing requirement 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 Allows Discriminatory Green Energy Support Schemes

David Haughan, Stagiarie, Summer 2014, contributed to this post.  Mr. Haughan was a legal trainee at the Brussels office of Covington and Burling LLP during the Summer of 2014.  David studies at King’s College, London. In a landmark decision (CJEU, C-573/12, Ålands Vindkraft AB v. Energimyndigheten) the Court of Justice of the European Union ruled … Continue Reading

UK Parliament Announces Tighter Planning Guidance for Onshore Oil and Gas Applications

In the first blog of this two-part series, we considered the potential impact of the 14th Round on the commercialisation of the shale gas in the UK in light of recent developments in this industry. This second blog post focusses on the additional planning guidance for licence applications in National Parks, Areas of Outstanding Natural … Continue Reading

A Quick Look at the Gazprom/Naftogaz Contract Dispute

On Monday, June 16, 2014, Gazprom and Naftogaz each announced that they were commencing arbitration proceedings under the SCC Rules (seated in Stockholm, Sweden). The arbitration arises under Contract No. KP dated January 19, 2009 (the “Contract”), a 10 year, long-term gas sales agreement between Gazprom and Naftogaz for volumes ranging from 40 to 52 … Continue Reading

Pricing Complexity and Predictable Disputes – A primer on modern long-term gas supply contracts

On Monday, June 16, 2014, Gazprom announced that it commenced arbitration proceedings against Naftogaz under the SCC Rules (seated in Stockholm, Sweden) alleging that Naftogaz has failed to pay US$4.5 billion for gas that Gazprom has already delivered to Naftogaz. Naftogaz also announced that it had commenced a claim under the SCC Rules, seeking the … 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
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