Laura Bolado

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This Practice Note provides background to the Renewable Energy Directive 2018/2001/EC (RED II), which recast and repealed Directive 2009/28/EC (RED I) RED II sets a legally binding target for 2030 of 32% for the share of energy required to come from renewable sources out of the EU’s overall gross energy consumption. RED II also establishes sustainability and greenhouse gas emissions saving criteria and lays down rules on financial support to enhance the use of renewable energy usage. The recast of RED I was made as part of the Clean Energy for All Europeans package. RED II came into force on 24 December 2018.

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 past 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 is a snapshot of the persistent organic pollutants (POPs) Regulation (EU) 2019/1021, which is a recast regulation, repealing Regulation (EC) 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC. This Practice Note includes details on the background of this recast POPs Regulation, purpose, scope, definitions and key requirements, such as control of production, placing on the market and use and exemptions from control measures, stockpiles, waste management, release reduction, minimisation and elimination, as well as monitoring.

This Practice Note is a snapshot on the Prior Informed Consent (PIC) Regulation (EU) No 649/2012, which administers the import and export of certain hazardous chemicals and places obligations on companies who wish to export these chemicals to non-EU countries. It implements the Rotterdam Convention on prior informed consent procedure for certain hazardous chemicals and pesticides in international trade. This Practice Note details key elements, objectives and scope and focuses on other important areas, such as the role of the European Chemicals Agency (ECHA), how the export notifications, PIC notifications and PIC procedure work, including for banned or severely restricted chemicals, how information is exchanged, and recent developments concerning the addition of chemicals to the Rotterdam Convention, Annex III. This Practice Note was produced in partnership with Laura Bolado.

This Practice Note is a snapshot on the Retained Prior Informed Consent (PIC) Regulation EU No 649/2012, which administers the import and export of certain hazardous chemicals and places obligations on companies who wish to export these chemicals to non-GB countries. It implements the Rotterdam Convention on prior informed consent procedure for certain hazardous chemicals and pesticides in international trade. This Practice Note details key elements, objectives and scope and focuses on other important areas, such as the role of the Health and Safety Executive (HSE), how the export notifications, PIC notifications and PIC procedure work, including for banned or severely restricted chemicals, how information is exchanged, related legislation in England and Wales and recent developments concerning the addition of chemicals to Rotterdam Convention, Annex III. This Practice Note also links to related Brexit content and information on the position under the Northern Ireland Protocol.

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 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 provides an introduction to basic EU legal concepts and gives tips and tools to understand and apply EU law in practice. It covers general principles in overview, delineation of competences, types of EU law and compliance obligations.

This Practice Note outlines the main environmental legislation for persistent organic pollutants (POPs), such as the Persistent Organic Pollutant Regulations 2007, SI 2007/3106 and Regulation (EU) 2019/1021 (Recast POPs Regulation). It also includes the process for derogations and Brexit impact.

This Practice Note focuses on the remedies available in national courts for breach of EU law. The principles of direct and indirect effect are explained as well as the possibility of State liability arising from the breach of EU laws and obligations by acts or inactions attributable to an EU Member State. The availability of damages and the concept of adequate reparation is also considered.

This Practice Note provides background to the Renewable Energy Directive (EU) 2018/2001 (RED II), which recast and repealed Directive 2009/28/EC (RED I). RED II sets a legally binding target for 2030 of 32% for the share of energy required to come from renewable sources out of the EU’s overall gross energy consumption. RED II also establishes sustainability and greenhouse gas emissions saving criteria and lays down rules on financial support to enhance the use of renewable energy usage. The recast of RED I was made as part of the Clean Energy for All Europeans package, and came into force on 24 December 2018. The Practice Note also covers major revisions to RED II made in 2023, and taking effect from 2025, as part of the European Green Deal’s Fit for 55 climate package.

This Practice Note provides a summary of the Renewable Energy Directive 2009/28/EC (RED or RED I) on the promotion of the use of energy from renewable sources. It covers the purpose, scope, and key provisions of the Directive, as well as details of the implementing legislation in England and Wales. RED I was recast by Directive (EU) 2018/2001 (RED II), and was repealed with effect from 1 July 2021. This Practice Note has been archived following this repeal, and is not maintained.

This is a snapshot of the persistent organic pollutants (POPs) Assimilated Regulation (EU) 2019/1021. This Practice Note includes details on the background of the recast Regulation, purpose, scope, definitions and key requirements, such as control of production, placing on the market and use and exemptions from control measures, stockpiles, waste management, release reduction, minimisation and elimination, as well as monitoring. It also includes details of the Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020, SI 2020/1358 which make amendments to ensure the Assimilated POPs Regulation can continue to operate following IP completion day and Brexit.