EU fundamentals

Key information EU Landfill Directive Official title: Council Directive 1999/31/ EC of 26 April 1999 on the landfill of waste (the Landfill Directive) Entry into force: 16 July 1999 Transposition deadline: 16 July 2001 National implementation: See Eur- Lex information on national transposition measures as provided by Member States Key amendments: Directive 2011/97/ EU (5 December 2011) modifying the Landfill Directive on specific criteria for storing metallic mercury deemed waste. In force from 13 December 2011; Member States’ transposition deadline: 15 March 2013. Directive ( EU) 2018/850 (30 May 2018) amending the Landfill Directive. In force from 4 July 2018; Member States’ transposition deadline: 5 July 2020. Directive ( EU) 2024/1785 of the European Parliament and of the Council (24 April...

Regulation ( EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/ EEC Latest consolidated version - September 2016 Entry into force: 20 May 2004 Transposition deadline: n/a Amendments Council Regulation ( EC) No 1195/2006 of 18 July 2006, updating Annex IV to Regulation ( EC) No 850/2004 on persistent organic pollutants (text with EEA relevance) Council Regulation ( EC) No 172/2007 of 16 February 2007, revising Annex V to Regulation ( EC) No 850/2004 on persistent organic pollutants (text with EEA relevance) Commission Regulation ( EC) No 323/2007 of 26 March 2007, adjusting Annex V to Regulation ( EC) No 850/2004 on persistent organic pollutants and revising Directive 79/117/ EEC (text with EEA relevance) Regulation ( EC) No 219/2009 of 11 March 2009, aligning various...

Key information AEI Directive title: Directive 2003/4/ EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information ( AEI Directive) In force from: 14 February 2003 Transposition deadline: 14 February 2005 National transposition measures: See Eur- Lex information on national transposition measures, as provided by Member States Repeals: Council Directive 90/313/ EEC (the 1990 Directive) Subject: Access to environmental information; Access to justice Purpose of the Access to Environmental Information ( AEI) Directive In 1990, the EU introduced Council Directive 90/313/ EEC on ‘free access’ to information (the 1990 Directive). This was subsequently replaced by Directive 2003/4/ EC (the AEI Directive) when the EU became a party to the 1998 UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in...

EU ETS content—overview This Practice Note outlines the principal provisions of Directive 2003/87/ EC of the European Parliament and of the Council of 13 October 2003, which creates a greenhouse gas emission allowance trading scheme, the EU Emissions Trading System ( EU ETS), as applied to the maritime transport sector. Directive ( EU) 2023/959, published in the Official Journal on 16 May 2023, expands the EU ETS to maritime transport activities on a phased basis from 1 January 2024. The note explains the EU ETS scope for maritime transport, and sets out the core obligations for shipping companies, including monitoring, reporting and verification duties, as well as the process of surrender for shipping allowances. It also describes how the EU ETS operates alongside Regulation ( EU) 2015/757 (the EU Ship Emissions Monitoring ( MRV) Regulation). For further practical guidance on different elements of the EU...

EU ETS content—overview This Practice Note sets out a summary of the EU emissions trading system ( EU ETS), previously referred to as the EU emissions trading scheme. It outlines the legal framework that underlies the ETS and the history of its staged roll-out, and gives a high-level view of its coverage, the principal duties on operators, the mechanisms for auctioning, free allocation, transfer and surrender of allowances, and how ETS proceeds are used. It also describes supporting legislation beyond Directive 2003/87/ EC that enables the operation of the EU ETS, including the Regulation creating the EU carbon border adjustment mechanism ( EU CBAM), the Market Stability Reserve Decision, the Union Registry Regulation, and market supervision measures. For further practical guidance on specific aspects of the EU ETS, see the following Practice Notes: EU Emissions Trading System ( ETS) Phase IV—...

EU ETS content—overview This Practice Note summarises the principal elements of Directive 2003/87/ EC of the European Parliament and of the Council of 13 October 2003, which established the greenhouse gas emission allowance trading scheme known as the EU Emissions Trading System ( EU ETS) (formerly the EU emissions trading scheme), as it pertains to the aviation sector. It explains the application of the EU ETS to aviation activities, highlighting significant exclusions and derogations, and outlines the main responsibilities of aircraft operators, including monitoring, reporting and verification, alongside the mechanisms for auctioning, free allocation, and surrender of allowances. It also describes how the EU ETS aligns with the International Civil Aviation Organisation ( ICAO) Carbon Offsetting and Reduction Scheme for International Aviation ( CORSIA). For further practical guidance on different aspects of the EU emissions trading system, refer to these Practice...

Key information EU ETS Directive Official title: Directive 2003/87/ EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/ EC ( EU ETS Directive) Entered into force: 25 October 2003 Transposition deadline: 31 December 2003 National transposition measures: See Eur- Lex information on national transposition measures, as provided by Member States Amended by: For a complete list of amendments, consult EUR- Lex. Key related directives include: Directive 2004/101/ EC (entry into force 13 November 2004; transposition deadline 13 November 2005) Directive 2008/101/ EC (2008 Aviation Directive) (entry into force 2 February 2009; transposition deadline 31 December 2012) Directive 2009/29/ EC ( ETS Phase III Directive) (entry into force 25 June 2009; transposition deadline 31 December 2012) Directive ( EU) 2018/410 ( ETS Phase IV...

This resource kit This resource kit brings together the principal practical guidance available across Lexis+® UK on artificial intelligence ( AI). Organised by practice area, it is refreshed as new material appears. The rapid growth of AI technologies has led lawmakers, businesses and the public to focus more closely on the potential advantages and the risks that accompany AI use. AI gives rise to a range of legal and regulatory considerations across numerous disciplines, including: intellectual property ( IP) data protection and cybersecurity transactional work such as corporate and commercial employment healthcare and life sciences finance The UK government is developing an AI regulatory strategy that will determine how AI is governed here in future. In the EU, a legislative framework is being built to regulate AI, primarily via Regulation ( EU) 2024/1689 laying down harmonised rules on...

What is indirect effect of EU law? The doctrine of indirect effect, also called consistent interpretation, imposes on national courts, as organs of the Member State charged with fulfilling EU commitments, a responsibility to construe domestic legislation in the light of EU law, in particular Directives. Through careful judicial reading of applicable national rules it indirectly secures the outcome that direct effect of Directives would deliver where that route is unavailable. The Court of Justice articulated the principle in Von Colson and enlarged its reach in Marleasing. It likewise functions to help to offset, at least to a degree, the adverse legal consequences of the refusal to acknowledge horizontal direct effect of Directives. For further background, consult Practice Note: Direct effect of EU law. Von Colson concerned a request for a preliminary ruling on the interpretation of Directive 76/207/EEC on giving practical effect to the principle of equal treatment for men and women regarding access to employment, vocational training and promotion, and working conditions. The underlying national dispute involved alleged sex discrimination encountered by qualified social workers in obtaining employment in a German prison. Under the relevant German legislation (implementing the Directive in question), in the event of discrimination in...

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...