United Nations (UN) climate change negotiations — an overview

Article 191 of the Treaty on the Functioning of the European Union as it applies to EU participation in UN climate change negotiations

THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION AND THE UN CLIMATE CHANGE NEGOTIATIONS

Article 191 of the Treaty on the Functioning of the European Union (TFEU) defines the objectives and principles of European Union (EU) environment policy and underpins the EU’s participation in UN climate negotiations.

In particular:
the fourth indent of Article 191(1) of the TFEU specifically mentions that one of the key aims of EU environment policy is to promote measures at international level to deal with regional or worldwide environmental problems, in particular combating climate change; and
the fourth paragraph of Article 191 refers to cooperation in this field with other countries and international organisations, such as the UN.

The UN climate negotiations aim to secure international agreement on effective measures to tackle global warming. The first, in 1992, was a commitment to keep the increase in global warming to below 2oC compared to pre-industrial times.

The adoption of a new global climate agreement in 2015 to accelerate the transition to a low-carbon global economy marks the culmination of years of efforts by the international community to bring about a universal, multilateral agreement on climate change.

KEY STAGES IN TACKLING CLIMATE CHANGE

1992: UN Framework Convention on Climate Change (UNFCCC) established a basis for international cooperation to combat climate change by limiting average global temperature increases and the resulting climate change.

1997: The Kyoto Protocol, the world’s first legally binding agreement to cut greenhouse gas emissions, was approved. The developed countries participating pledged to reduce their total emissions by at least 5% in a first commitment period (between 2008 and 2012) compared to 1990 levels. The (then) 15 EU countries committed themselves to an 8% cut.

2009: Copenhagen secured a political agreement, calling for specific action to mitigate greenhouse gas emissions. It represented the first time all major economies had offered explicit international climate pledges. It was endorsed by over 140 countries.
2010: Cancún acknowledged for the first time in a formal UN decision that global warming must be kept below 2oC compared to pre-industrial temperatures. It recognised that overall efforts had to be increased to meet that target.
2011: Durban confirmed the need for a new legal agreement to tackle climate change beyond 2020 — one in which every country could play its part to the best of its ability. This would be agreed in 2015.
2012: Doha endorsed the agreement of 38 developed countries, including the EU, to participate in a second Kyoto commitment period (2013-2020). This covers 14% of global emissions.
2013: Warsaw produced a schedule for countries to table their contributions to reduce or limit greenhouse gas emissions under the new global climate agreement to be finalised in 2015.
2014: Lima endorsed the Warsaw commitments, requiring all countries to describe their intended contributions for the 2015 agreement clearly, transparently and understandably. In addition, it agreed on draft elements for the agreement and on accelerating pre-2020 action.

2015: Paris adopted the first-ever universal, legally binding global climate deal to be implemented from 2020. The agreement sets out a global action plan to put the world on track to avoid dangerous climate change by limiting global warming to well below 2oC. The EU’s contribution to the new agreement is a binding emissions reduction target of at least 40% by 2030.

DOCUMENTS

Consolidated version of the Treaty on the Functioning of the European Union —Part Three — Union policies and internal actions — Title XX — Environment — Article 191 (ex Article 174 TEC) (OJ C 202, 7.6.2016, pp. 132–133)

Tackling global climate change after 2020 (Paris Protocol)

Communication (COM(2015) 81 final): The Paris Protocol — A blueprint for tackling global climate change beyond 2020

It describes how the European Union (EU) has taken the lead in pressing for ambitious targets in a legally binding United Nations Framework Convention on Climate Change agreement. Without urgent action, climate change will cause severe and irreversible damage to humanity and the environment. All countries must now substantially reduce their greenhouse gas emissions.
It sets out the EU’s objectives for the Paris climate conference and how these could be achieved. These include the long-term goal of reducing global emissions by at least 60% below 2010 levels by 2050.

KEY POINTS

The agreement, known as the Paris Protocol, should:

include the participation of as many countries as possible, and comprehensive coverage of all sectors, including agriculture, international air and sea transport, and emissions;
include robust commitments to mitigate the effects of climate change;
regularly review those mitigation efforts every 5 years after 2020;
contain rules to monitor, report and verify that every country signed up to the agreement is on track to meet its commitments;
promote investment, by public and private finance, into low-emission, climate-resilient programmes and policies;
encourage more systematic exchange of experience and good practice within, and between, different parts of the world;
support the development and deployment of a wide range of climate technologies, including energy production, water management systems and technologies to combat the effects of extreme weather.

The EU stepped up its climate diplomacy ahead of the Paris conference. It has endorsed a climate diplomacy action plan. It is using many other policies — economic and development cooperation, research, technology, innovation, trade, environment and disaster risk reduction — to support its objectives and help its partners to implement their commitments.

The negotiations were finalised in Paris in December 2015. The new agreement will be implemented from 2020.

BACKGROUND

The EU’s climate and energy policies are delivering results. EU emissions fell 23% between 1990 and 2014, while GDP grew 46% over the same period. The EU has taken significant steps to become the world’s most emissions efficient economy. In October 2014, EU leaders agreed a new climate and energy framework for 2030, with the target to cut greenhouse gas emissions by at least 40% compared to 1990 levels.

DOCUMENTS

Communication from the Commission to the European Parliament and the Council: The Paris Protocol — A blueprint for tackling global climate change beyond 2020 (COM(2015) 81 final, 25.2.2015)

UN climate negotiations: Kyoto Protocol — first commitment period

Council Decision 2002/358/EC on the EU’s approval of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint fulfilment of commitments thereunder

It gives the EU’s legal approval to the Kyoto Protocol — an agreement under the United Nations Framework Convention on Climate Change (UNFCCC) — and confirmation that the EU and the 15 countries that were members at the time the legislation was adopted (the ‘EU-15’) would honour the commitments they made to an 8 % cut in their greenhouse gas emissions compared to 1990 levels for the EU as a whole.

KEY POINTS

As the Kyoto Protocol allowed groups of countries to meet their targets jointly, the overall 8 % reduction for the EU and EU countries was broken down into legally binding national targets, tailored to the relative wealth of each country at the time.

The decision sets out emission limitations or reductions for the ‘EU-15’ between 2008 and 2012. These are:
the EU to reduce overall emission levels to 92 %,
8 countries to reduce emissions, to between 72 % (Luxembourg) and 94 % (Netherlands),
5 to be allowed to increase them, to between 104 % (Sweden) and 127 % (Portugal)
2 (France and Finland) to maintain them at existing levels (100 %).

Similar individual targets have been set for countries that joined the EU after the Kyoto Protocol was adopted — except for Cyprus and Malta, which have no targets.
The EU and the EU countries have met their commitments under the Kyoto Protocol’s first commitment period (2008-2012).
To bridge the gap between the end of the first Kyoto period and the start of a new global agreement in 2020, 37 developed countries and the EU agreed to a second period. The arrangements for 2013-2020 were adopted at the Doha climate change conference in December 2012.

BACKGROUND

The Kyoto Protocol was, until the Paris climate conference in December 2015, the world’s only legally binding agreement to reduce greenhouse gas emissions. Adopted in December 1997, it contains pledges by participating industrialised nations to reduce their total emissions of 6 greenhouse gases (carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulphur hexafluoride) by an average of 5 % over the first commitment period (2008-2012) compared to 1990 levels.

It entered into force on 2 May 2002.

‘Kyoto 1st commitment period (2008-12)’ on the European Commission’s website.

ACTS

Council Decision 2002/358/EC of 25 April 2002 concerning the approval, on behalf of the European Community, of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint fulfilment of commitments thereunder (OJ L 130 of 15.5.2002, pp. 1–3)

Council Decision (EU) 2015/1339 of 13 July 2015 on the conclusion, on behalf of the European Union, of the Doha Amendment to the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint fulfilment of commitments thereunder (OJ L 207, 4.8.2015, pp. 1–5)

UN climate negotiations: Kyoto Protocol — second commitment period

Decision (EU) 2015/1339 on the conclusion, on behalf of the EU of the Doha Amendment to the Kyoto Protocol to the United Nations Framework Convention on Climate Change

It gives the EU’s formal approval to the agreement reached at the Doha conference in December 2012 to establish a second commitment period of the Kyoto Protocol. The second commitment period runs from 1 January 2013 to 31 December 2020.

KEY POINTS

38 parties, including the EU, are involved in the second phase, and committed to reduce their greenhouse gas emissions by at least 18 % below 1990 levels in the period from 2013 to 2020.
The EU, the EU countries and Iceland, have committed to jointly achieve a 20 % reduction in their combined greenhouse gas emissions for the period 2013-2020 compared to the level in 1990 or their chosen base year. The target reflects the total greenhouse gas emissions allowed during the period 2013-2020 under the climate and energy package.
The 20 % joint commitment is shared between the EU, the EU countries and Iceland.
The measures needed for the EU and EU countries to deliver on the reduction commitment have already been put in place through the 2020 climate and energy package.

The decision entered into force on 7 August 2015. The Doha Amendment to the Kyoto Protocol has not entered into force yet.

BACKGROUND

The Kyoto Protocol was, until the Paris climate conference in December 2015, the world’s only legally binding agreement to reduce greenhouse gas emissions. Adopted in December 1997, it contains pledges by participating industrialised nations to reduce their total emissions of 6 greenhouse gases (carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulphur hexafluoride) by an average of 5 % over the first commitment period (2008-2012) compared to 1990 levels.

At the Doha Climate Change Conference in December 2012, Parties to the Kyoto Protocol adopted the Doha Amendment, establishing a second commitment period of the Kyoto Protocol (2013-2020). The second phase of the Kyoto Protocol serves as a bridge towards a post-2020 global climate change agreement.

Since Iceland is not an EU country, the terms of joint fulfilment concerning its participation had to be laid down in a separate international agreement (Council Decision (EU) 2015/1340).

Kyoto 2nd commitment period (2013-2020) on the European Commission’s website.

ACTS

Council Decision (EU) 2015/1339 of 13 July 2015 on the conclusion, on behalf of the European Union, of the Doha Amendment to the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint fulfilment of commitments thereunder (OJ L 207, 4.8.2015, pp. 1–5)

Council Decision 2002/358/EC of 25 April 2002 concerning the approval, on behalf of the European Community, of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint fulfilment of commitments thereunder (OJ L 130 of 15.5.2002, pp. 1–3)

Council Decision (EU) 2015/1340 of 13 July 2015 on the conclusion, on behalf of the European Union, of the Agreement between the European Union and its Member States, of the one part, and Iceland, of the other part, concerning Iceland’s participation in the joint fulfilment of commitments of the European Union, its Member States and Iceland for the second commitment period of the Kyoto Protocol to the United Nations Framework Convention on Climate Change (OJ L 207, 4.8.2015, pp. 15–16)

The Road from Paris: assessing the implications of the Paris Agreement on fighting climate change

European Commission communication (COM(2016) 110 final) — the implications of the Paris Agreement adopted under the United Nations Convention on Climate Change

It sets out the key features of the Paris Agreement and how the European Union (EU) is implementing them.
Leading by example, it aims to encourage its international partners in their efforts in making the switchover to a low carbon economy.

KEY POINTS

The Paris Agreement provides a global action plan to tackle climate change. This includes:
limiting global warming to well below 2oC above pre-industrial levels and efforts to keep temperature increase to 1.5oC;
holding a ‘global stocktake’ every 5 years, starting in 2023, to analyse the progress made;
ensuring a legal obligation on signatories to take domestic mitigation* measures;
introducing stronger transparency and accountability measures with, for example, publication of greenhouse gas inventories every 2 years;
providing financial and other support to help less wealthy countries take the necessary adaptation* measures.

The agreement was opened for signature on 22 April 2016 and entered into force on 4 November 2016.
The Intergovernmental Panel on Climate Change will report in 2018 on the policy implications of the 1.5oC goal.

To implement the Paris Agreement, the EU will:
implement its ‘Energy union’ project, moving away from a fossil fuel economy;
support research and development for low-carbon innovation;
use EU finance, such as the European Fund for Strategic Investments, and policies, notably the Capital Markets Union, to encourage greater private investment;
use its own experience of carbon emissions pricing to encourage other countries to take similar measures;
encourage civil society at large — the public, industry and trade unions, and companies large and small — to contribute towards the goals;
emphasise the importance of climate action in its wide-ranging policy agenda with international partners, including special help for developing countries;
present various proposals, in areas such as energy efficiency and renewable energy, to meet its own 2030 climate and energy targets. Domestically, the EU aims to reduce its own greenhouse gas emissions by at least 40% by 2030.

BACKGROUND

At the Paris climate conference (COP21) in December 2015, 195 countries adopted the Paris Agreement, the first-ever universal, legally binding global climate deal.

The agreement entered into force after at least 55 countries, accounting for at least 55% of global emissions, ratified the agreement.

Mitigation: action, such as switching to renewable and nuclear energy, to address the root causes of climate change by reducing greenhouse gas emissions.

Adaptation: action, such as defences against rising sea levels, to lower the risks from the consequences of climate change.

DOCUMENT

Communication from the Commission to the European Parliament and the Council — The Road from Paris: assessing the implications of the Paris Agreement and accompanying the proposal for a Council decision on the signing, on behalf of the European Union, of the Paris agreement adopted under the United Nations Framework Convention on Climate Change (COM(2016) 110 final, 2.3.2016)

The EU and the 2015 International Climate Change Agreement

Communication (COM(2013) 167 final) —The 2015 International Climate Change Agreement: Shaping international climate policy beyond 2020

It sets out the fundamental issues that the European Commission believes should be addressed in the latest multinational efforts to tackle climate change. These should put the world on track to reduce global emissions by at least 60% below 2010 levels by 2050.

KEY POINTS

The EU agreed in October 2014 that its contribution will be a binding, economy-wide cut in domestic greenhouse gases (GHG) of at least 40% by 2030.
The communication stresses that the new agreement must reflect how the world has changed since climate negotiations began in 1990 and will continue to evolve as 2030 approaches.

The Commission communication emphasises the importance of the following components:
Ambitious national commitments towards clear and fair targets within a common legal set of rules. These should be achievable and reviewed as global and national economic circumstances evolve.
Developed and developing countries alike should contribute towards the overall goal of limiting global average temperature rise to 2oC.
All countries should be accountable to each other and to the public for meeting their targets.

BACKGROUND

The United Nations launched negotiations on a new climate agreement at the end of 2011 in Durban. This was with the aim of bringing into one comprehensive system the patchwork of binding and non-binding arrangements put in place since the 1992 Kyoto Protocol.
The international community set itself the target of securing a new climate change agreement in Paris in December 2015. The EU believed it should be as ambitious as possible, involving concrete commitments from all major economies. At the Paris climate conference (COP21), 195 countries adopted the first-ever universal, legally binding global climate deal. The Paris Agreement entered into force on 4 November 2016.

DOCUMENTS

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions —The 2015 International Climate Change Agreement: Shaping international climate policy beyond 2020 (COM(2013) 167 final, 26.3.2013)

Programme for the environment and climate action (LIFE) (2014-20)

This regulation establishes the fifth version of the LIFE programme, the EU’s main funding framework for environmental and climate change policy. It focuses on concrete environmental and climate policy priorities as well as areas for action.

Regulation (EU) No 1293/2013 of the European Parliament and of the Council of 11 December 2013 on the establishment of a

Programme for the environment and climate action (LIFE) a

repealing Regulation (EC) No 614/2007.

The programme for the environment and climate action (LIFE) for 2014 to 2020 aims to contribute to sustainable development and to the achievement of the objectives and targets of the Europe 2020 strategy, the seventh EU environment action programme and other relevant EU environment and climate change initiatives.

The programme has two subprogrammes (environment and climate action). It also introduces integrated projects, which operate on a large scale, starting at regional or multi-city level. These aim to implement environmental and climate change policy by applying plans and strategies based on EU legislation and integrating these policies further into other policy areas. The intention is to mobilise complementary funds, especially EU funds, to do so.

Other new features are two innovative financial instruments for funding projects through loans and equity: the PF4EE (Private for Financing for Energy Efficiency) and the NCFF (Natural Capital Financing Facility), which is co-funded by the Commission and the European Investment Bank (EIB) on a pilot scale.

Overall, at least 81 % of LIFE resources is to be spent on projects.

LIFE’s main objectives include:

use as a catalyst for changes in policymaking on environment and climate action;
promoting implementation and integration of environment and climate objectives in other policies and EU countries’ practice;
better governance;
specific link to EU priorities: resource efficiency, biodiversity loss and climate adaptation and mitigation.

The environment subprogramme (75 % of the budget) has three priority areas:

environment and resource efficiency;
nature and biodiversity (55 % of the budget for action grants under the environment subprogramme);
environmental governance and information.
These priorities cover seven thematic priorities: nature and biodiversity; water, including the marine environment; waste; resource efficiency, including soil and forests and green and circular economy; environment and health, including chemicals and noise; air quality and emissions, including the urban environment; and information and governance.

The climate action subprogramme (25 % of the budget) has three priority areas:

mitigation (contributes to the reduction of greenhouse gas emissions);
adaptation (supports efforts to increase the resilience to climate change);
LIFE climate governance and information (e.g. raising awareness of climate matters).

National allocations

During the first multiannual work programme (2014-17), national allocations apply only to ‘traditional’ (i.e. best practice, demonstration, pilot or information, awareness and dissemination) projects and the NCFF under the environment subprogramme. As of 2018, the selection of these projects will be exclusively based on merit.

Non-EU countries may participate in LIFE, based on a specific agreement with the Commission. Programme activities outside the EU are possible under certain circumstances, as is cooperation with international bodies.

The LIFE programme 2014-20 has a total budget of almost €3,456.7 million.

REFERENCES

Regulation (EU) No 1293/2013

Commission Implementing Decision of 19 March 2014 on the adoption of the LIFE multiannual work programme for 2014-17 (2014/203/EU) (OJ L 116 of 17.4.2014).

 

Moving towards a low-carbon economy in 2050

Communication (COM(2011) 112 final) — A Roadmap for moving to a competitive low carbon economy in 2050

It presents a roadmap up to 2050 of the various ways the EU’s greenhouse gas (GHG) emissions reduction target can be achieved.
It contains target milestones to show the extent to which the EU will be on course to create a low-carbon economy.
It sets out policy challenges, investment needs and the role different sectors should play.

KEY POINTS

The European Commission’s analysis suggests that the most cost-effective way of reaching the overall target is to reduce domestic emissions by 40 % and 60 % for 2030 and 2040 respectively, from 1990 levels.

All sectors will have to contribute to the low-carbon transition and the 2050 roadmap sets out the contributions of different sectors:

the power sector can almost totally eliminate CO2 emissions by 2050, especially by producing electricity from renewable sources using existing and more advanced technologies;
transport could reduce emissions by more than 60 % by becoming more sustainable through greater vehicle efficiency, electric vehicles and cleaner energy;
buildings can reduce their current emissions by around 90 % via energy efficiency improvements;
industry can cut its GHG emissions by more than 80 % through more efficient processes, energy efficiency, recycling and new technologies;

Although by 2050 it is projected to represent a third of total EU emissions, agriculture can reduce emissions by 42–49 % through a range of new techniques, including a healthier diet with less meat.

Achieving these targets will require major public and private investment over the next four decades. The communication estimates this could amount to an additional investment for the whole EU of around €270 billion annually, or 1.5 % of EU GDP.

However, the potential benefits, in addition to tackling climate change and using resources more efficiently are immense. The package of measures could:

cut the EU’s annual average energy costs by €175–320 billion;
reduce the EU’s dependency on imported fossil fuels;
stimulate a structural change in the EU economy, creating hundreds of thousands of jobs;
improve air quality to the benefit of the health of EU citizens.

BACKGROUND

To keep global climate change below 2 oC — the internationally agreed target to prevent the catastrophic consequences of global warming — the EU is aiming to reduce greenhouse gas emissions by 80–95 % by 2050 compared to 1990 levels.

DOCUMENTS

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — A Roadmap for moving to a competitive low carbon economy in 2050 (COM(2011) 112 final, 8.3.2011)

2020 climate and energy package

The climate and energy package comprises complementary legislation, aimed at ensuring the EU meets its ambitious climate and energy targets for 2020. The package sets 3 key targets:

Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC

20 % reduction in EU greenhouse gas emissions from 1990 levels;
20 % improvement in the EU’s energy efficiency ;
20 % of EU energy from renewables (wind, solar, biomass, etc.).

These ‘20-20-20’ targets are aimed at combating climate change, increasing the EU’s energy security and strengthening its competitiveness. They are also headline targets of the Europe 2020 strategy for smart, sustainable and inclusive growth.

Reformed EU Emissions Trading System

At the heart of the package is the revision of the EU Emissions Trading System (EU ETS), which covers around 45 % of the EU’s total greenhouse gas emissions. The system includes all EU countries plus Iceland, Liechtenstein and Norway. It seeks to cut greenhouse gas emissions from the power sector and major industry cost-effectively by putting a market price on emissions through the application of a cap and trade policy*. The EU ETS applies to some 11,000 power stations and other large-scale industrial facilities. In 2012, the EU ETS was expanded to include aviation.

The EU ETS is underpinned by the Emissions Trading Directive, which was significantly revised and strengthened. The revision applied from 2013, the start of the third trading period of the EU ETS, and introduces to the system:

a single EU-wide cap on emission allowances (cut each year by 1.74 %), replacing the system of national caps, so that by 2020 emissions will be 21 % below 2005 levels;
auctioning (purchase of emission allowances) to progressively replace the free allocation of allowances, starting with the power sector;
Broader coverage in terms of sectors and gases (carbon dioxide, nitrous oxide and perfluorocarbons).

National targets for non-EU ETS emissions

The package’s second piece of legislation is the Effort Sharing Decision. It sets binding annual targets for each EU country to reduce its greenhouse gas emissions from the sectors not covered by the EU ETS, such as housing, agriculture, waste and transport (excluding aviation).

The national targets, covering the period 2013-2020, are differentiated according to EU countries’ relative wealth. They range from a 20 % emissions reduction (compared to 2005) by the richest EU countries to a 20 % increase by the least wealthy. However, all countries must strive to limit their emissions. They must also report on their emissions every year, under the EU monitoring mechanism.

National renewable energy targets

Under the Renewable Energy Directive, the package’s third piece of legislation, EU countries are given binding targets to raise the share of renewable energy in their energy consumption by 2020. These targets depend on each country’s use of renewables and the potential to increase their production, ranging from 10 % in Malta to 49 % in Sweden.

The national targets will enable the EU as a whole to reach its 20 % renewable energy target for 2020 – more than double the 2010 level of 9.8 % – and a 10 % share of renewable energy in the transport sector. The targets will also help to cut greenhouse gas emissions and reduce the EU’s dependence on imported energy. At least 10 % of transport fuel in each country must be renewable (e.g. biofuels, hydrogen, ‘green’ electricity). Biofuels must meet agreed sustainability criteria.

Carbon capture and storage

The fourth part of the climate and energy package is a directive creating a legal framework for the environmentally safe use of carbon capture and storage (CCS) technologies. CCS involves capturing the carbon dioxide emitted by industrial processes and storing it in underground geological formations where it does not contribute to global warming.

The directive covers all CO2 underground storage in the EU and lays down requirements which apply to the entire lifetime of storage sites.

Energy efficiency

The energy efficiency target is being implemented through the 2011 Energy Efficiency Plan and the Energy Efficiency Directive.

KEY TERMS

Cap and trade principle: the EU ETS works on the ‘cap and trade’ principle. A ‘cap’, or limit, is set on the total amount of certain greenhouse gases that can be emitted by the factories, power plants and other installations in the system. The cap is reduced over time so that total emissions fall. The system allows trading of emission allowances so that the total emissions of the installations and aircraft operators stay within the cap and the least-cost measures can be taken up to reduce emissions.

REFERENCES

Directive 2009/28/EC

Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community (OJ L 140, 5.6.2009, pp. 63-87)

Decision 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 (OJ L 140, 5.6.2009, pp. 136-148)

Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (OJ L 140, 5.6.2009, pp. 114-135)
Making Europe resilient to climate change through adaptation

This Communication sets out an EU strategy to make Europe more climate-resilient in a flexible manner and by prioritising low-cost solutions. It sets out several climate adaptation actions to improve the EU’s response to climate change impacts at all levels.

 

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions:

An EU Strategy on adaptation to climate change.

COM(2013) 216 final of 16.4.2013.

 

As global warming is already having effects worldwide, efforts to limit the rise in average global temperature must continue by pursuing climate change mitigation action. For the EU, this means cutting its greenhouse gas emissions by 20 % below 1990 levels by 2020 as a first step towards an agreed reduction target of 80-95 % for 2050.

The EU strategy on adaptation to climate change is complementary to reducing greenhouse gas emissions. It suggests several solutions to the impacts of climate change.

The strategy underlines that adapting now has multiple benefits. For example, it is estimated that 1 euro spent on flood protection today should prevent 6 euros of damage costs in the future.

The strategy is also complemented by the European Climate Adaptation Platform (Climate-ADAPT) launched in March 2012, which brings together the latest data on adaptation action in the EU, together with policy support tools.

Eight actions

The strategy sets out actions for promoting adaptation within the EU, improving decision-making, targeting key vulnerable sectors.

Encourage all EU countries to adopt comprehensive adaptation strategies
Provide funding from the EU LIFE programme for the environment to support capacity building and step up adaptation action in Europe.

Introduce adaptation into the Covenant of Mayors framework through the Mayors Adapt initiative.
Address knowledge gaps on adaptation.
Further develop Climate-ADAPT as the ‘one-stop shop’ for adaptation information in Europe.
‘Mainstream’ adaptation by integrating it into EU policies and legislation, thereby making agricultural, fisheries, regional development and other policies ‘climate-proof’ .
Ensure more resilient infrastructure.

Promote insurance and other financing for resilient investment and business decisions.
Governance and financing

The Adaptation Strategy calls for policy coordination and cooperation among EU countries through the EU Climate Change Committee, which brings together representatives of all EU countries. It also recommends that more be spent on building a climate-resilient Europe, including through EU funds and programmes.

White paper – Adapting to climate change: towards a European framework for action (2009).

EU policy framework for climate and energy (2020 to 2030)

The European Commission proposes a framework for EU climate and energy policies in the period from 2020 to 2030 which builds on the good progress made towards achieving the 2020 targets for greenhouse gas emissions, renewable energy and energy savings. At the heart of the 2030 framework is a 40 % reduction in greenhouse gas emissions by 2030.

Communication of the Commission to the Council and the European Parliament: A policy framework for climate and energy in the period from 2020 to 2030 [COM(2014) 15 final/2 of 28.1.2014 – not published in the Official Journal].

This communication highlights the need for the EU to transition towards a low-carbon economy building on the substantial progress already made to achieve the Union’s 2020 targets for greenhouse gas emissions reduction, renewable energy and energy savings.

Following a stakeholder consultation on the basis of a Green Paper published in March 2013, the communication reaffirms the importance of pursuing a low-carbon economy which ensures competitiveness and affordable energy for consumers, creates growth and jobs and increases security of energy supplies, while reducing energy import dependence.

The Commission proposes that the 2030 climate and energy framework should be based on full implementation of the 2020 targets and the following:

A 40 % reduction below the 1990 level in EU greenhouse gas emissions by 2030, to be achieved through domestic measures alone. The measures include a combination of 43 % emission reductions compared to 2005 in the Emissions Trading System (ETS) and national actions by Member States to cut emissions by 30 % from sectors outside the ETS.
Increasing the share of energy from renewable sources consumed in the EU to at least 27 %, binding at the EU level but not at national levels so as to give Member States flexibility to meet their targets in the most cost-effective manner.

A reform of the ETS, through creation of a new market stability reserve as well as a tightening of the annual cap on emissions after 2020. A legislative proposal to establish the reserve was published alongside this communication.

Further improved energy efficiency, essential to competitiveness, security of energy supply, and sustainability. A review of the 2012 energy efficiency directive later in 2014 will help establish the future energy saving policy.

A new European governance system for the delivery of energy and climate objectives. Member States would have to draw up national plans for competitive, secure and sustainable energy. The plans will be reviewed and assessed by the Commission.
Key indicators to monitor progress on all aspects of competitiveness, security and sustainable energy.

The Council and European Parliament are invited to endorse the proposal. A decision by the Council is expected by October 2014. The communication is part of a wider package including a legal proposal for reform of the ETS, competitiveness, shale gas, and energy prices and costs.

ACTS

Proposal for a decision of the European Parliament and the Council concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and amending Directive 2003/87/EC. [COM(2014) 20/2 of 22.1.2014].

Directive 2012/27/EU on energy efficiency [Official Journal L 315 of 14.11.2012].

Directive 2009/28/EC on renewable energy sources [Official Journal L 140 of 5.6.2009]

Directive 2009/29/EC amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community (Revised ETS Directive) [Official Journal L 140 of 5.6.2009].

Decision No 406/2009/EC of the European Parliament and of the Council on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 [Official Journal L 140, 05/06/2009].

Energy Roadmap 2050 [COM(2011) 885 final of 15.12.2011].

Roadmap for moving to a competitive low-carbon economy in 2050 [COM(2011) 112 final of 8.3.2011]

Council Directive 2013/18/EU of 13 May 2013 adapting Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources, by reason of the accession of the Republic of Croatia [Official Journal L 158 of 10.6.2013].

European satellite monitoring programme (Copernicus): climate aspects

Copernicus is a civil programme that uses satellite technology to monitor the Earth. It provides reliable and up-to-date information on the state of our environment by regularly tracking changes in the atmosphere, oceans and land masses. The data are invaluable for tackling climate change, as well as for sectors as diverse as human health and tourism.

 

Regulation (EU) No 377/2014 of the European Parliament and of the Council of 3 April 2014 establishing the

Copernicus programme

and repealing Regulation (EU) No 911/2010.

It provides a legal framework for the Copernicus programme for 2014-2020, laying down operational rules and establishing its main objectives. Monitoring climate change is one of the six areas for which Copernicus’s services are specifically designed. The others are: land, marine and atmosphere monitoring, emergency response and a security service.

KEY POINTS

The climate change service provides information to support adaptation and mitigation policies to adjust to, and reduce the impact of, climate change.
It focuses on essential climate variables (ECVs), or indicators, such as temperature increases, sea level rise, ice-sheet melting and ocean warming.
It uses climate indices – based on temperature, precipitation and drought records – to identify climate drivers, model climate change scenarios and assess the impact on society.
The European Centre for Medium-Range Weather Forecasts, under a November 2014 agreement with the Commission, implements the service.
It is due to reach operational capacity 3 years after the start of its activities.

BACKGROUND

The data Copernicus provides are used by policymakers and public authorities to develop environmental legislation and policies and to react to natural disasters and humanitarian crises. The findings are freely available, opening the door to business opportunities for European companies, especially SMEs.

 

REFERENCES

Regulation (EU) No 377/2014

Regulation (EU) No 995/2010 on the obligations of operators who place

Timber and timber products on the market

It prohibits illegally harvested timber from being placed on the EU market, and sets out preconditions for the marketing of timber and timber products in the EU.

KEY POINTS

The regulation requires ‘operators’ who place timber products on the EU market for the first time to exercise ‘due diligence’* to ensure they supply products made of legally harvested timber. To this end, operators must use a due diligence system.

Operators may set up their own due diligence systems or use one created by a monitoring organisation.
Monitoring organisations are recognised as such by the European Commission. Their role is to assist operators comply with the requirements of the regulation.

To facilitate the traceability of timber products, all traders who buy and sell timber on the market must keep records of their suppliers and customers.
The regulation, which applies both to EU-harvested and imported timber, covers a wide range of timber products that are listed in the annex and are in accordance with the Union Customs Code.

The regulation considers timber/timber products to be legally harvested if they have a Forest Law Enforcement, Governance and Trade (FLEGT) licence (established with Regulation (EC) No 2173/2005), or a CITES permit (Regulation (EC) No 338/97).

Monitoring of implementation and access to information

At the latest by 30 April of each year, countries covered by the regulation must make available to the public and the European Commission information on the application of this regulation during the previous calendar year. The Commission will also make available to the public a EU-wide overview on the basis of the data submitted by all EU countries.

By 3 December 2021 and every 5 years thereafter, the Commission must review the functioning and effectiveness of this regulation on the basis of the information received each year and the experience with its application.

BACKGROUND

Illegal logging is a pervasive environmental, economic and social problem that contributes to climate change, the loss of biodiversity, lost revenue, conflicts (sometimes armed) over land and resources, and corruption.

Due diligence: a risk management exercise to minimise the risk of illegally harvested timber (or products containing it) being offered for sale on the EU market.
Illegal logging: the harvesting of timber in violation of the laws of the country of harvest.

DOCUMENTS

Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market (OJ L 295, 12.11.2010, pp. 23-34)

Commission Delegated Regulation (EU) No 363/2012 of 23 February 2012 on the procedural rules for the recognition and withdrawal of recognition of monitoring organisations as provided for in Regulation (EU) No 995/2010 of the European Parliament and of the Council laying down the obligations of operators who place timber and timber products on the market (OJ L 115, 27.4.2012, pp. 12-16)

Commission Implementing Regulation (EU) No 607/2012 of 6 July 2012 on the detailed rules concerning the due diligence system and the frequency and nature of the checks on monitoring organisations as provided for in Regulation (EU) No 995/2010 of the European Parliament and of the Council laying down the obligations of operators who place timber and timber products on the market (OJ L 177, 7.7.2012, pp. 16-18)

Council Regulation (EC) No 2173/2005 of 20 December 2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community (Official Journal L 347, 30.12.2005, pp. 1-6)

Successive amendments to Council Regulation (EC) No 2173/2005 have been incorporated in the original text. This consolidated version is of documentary value only.

Commission Regulation (EC) No 1024/2008 of 17 October 2008 laying down detailed measures for the implementation of Council Regulation (EC) No 2173/2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community (OJ L 277, 18.10.2008, pp. 23-29)

Share this article

Contact McMahon Legal