Laura Bolado

Laura worked in EU law for over two decades making it one her main area of expertise. In 2002 she worked for the European Commission (Brussels) and relocated to London in 2003 to work for the European Medicines Agency. There she gained first-hand experience on the functioning of the EU which she later applied in legal roles at pharmaceutical companies and law firms before turning to a more generalist approach to EU law at LexisNexis. At LexisNexis she helped develop and maintain EU Tracker (writing on the implementation of EU Directives in different EU jurisdictions, etc.) and assisted various departments with EU law matters in her EU Law Specialist capacity. Laura also delivered EU law training to several interns and legal professionals. Laura left LexisNexis in late 2013 to explore her options in different environments. In 2014 Laura lectured EU law at universities in Argentina, spoke at international conferences and continued with her contributions to national legal publications (Rubinzal and Abeledo Perrot/Thomson Reuters) in EU and Integration law. Laura became an author for PSL Public Law in October 2014. After returning to London in 2015 she run her own business which included regular contributions to PSL Environment, Energy and Public Law. From 2017 until 2020 Laura authored the Europe chapter of LexisNexis Civil Court Practice (Green Book). From 2019 until 2024 Laura contributed to Reg-Track writing on financial services, data protection, money laundering, environmental and social governance, etc. in several jurisdictions worldwide. As of 2025 Laura is part of Cube Global where she continues to write about various topics in a remote-contractual basis (as she has now relocated to Spain).

Education

Laura is a dual-qualified lawyer (Argentina and Spain) with two LLMs in European Law and in Information Technology Law awarded by the Universidad Complutense of Madrid, Spain.

Laura is a data protection professional certified by the International Association of Privacy Professionals (IAPP CIPP/E) also holds an International Compliance Association certificate in Anti-Money Laundering. 

Practice Areas

Panel

  • Contributing Author

Qualified Year

  • 2000

Qualifications

  • LLB (2000 (Arg) – 2004 (Spain))
  • LLM EU Law (2001)
  • LLM Information Technology Law (2002)

Education

  • Universidad Nacional de Cuyo (2000)
  • Universidad Complutense de Madrid (2004)

21 Contributions by Laura Bolado

Amending EU Treaties under Article 48 TEU: Ordinary/Simplified Procedures, Passerelle Clauses, Competence Limits, National Ratification, and Distinction from Intergovernmental Treaties
PRACTICE NOTES
Amending EU Treaties under Article 48 TEU: Ordinary/Simplified Procedures, Passerelle Clauses, Competence Limits, National Ratification, and Distinction from Intergovernmental Treaties
The amendment of the EU Treaties is essential for the development of the European Union This enables the Union’s laws and policies to be adjusted over time to fresh challenges that the EU must confront, and to deepen the level of integration already attained. Prior to the Lisbon Treaty taking effect, there was only a single route available for revising the Treaties. That path mandated a compulsory Intergovernmental Conference (IGC), meaning a conference of representatives of the governments of the Member States, convened by the President of the Council on a compulsory basis. In light of the protracted period required to reach agreement on Lisbon, its authors opted to permit, in the years ahead, limited Treaty changes without the obligation to hold an IGC. The Lisbon Treaty also amended the ordinary revision process slightly, by strengthening the involvement of the European Parliament and of Member States’ national parliaments. In addition, it established two categories of simplified procedures designed to make it easier to amend particular provisions of the Treaties. The set of revision procedures is laid down in Article 48 of the Treaty on European Union (TEU)...
EU Law
Direct effect of EU law: vertical and horizontal scope, criteria, sources, emanations of the State, incidental and general‑principle horizontal effect, key case law; state liability and UK Withdrawal Agreement
PRACTICE NOTES
Direct effect of EU law: vertical and horizontal scope, criteria, sources, emanations of the State, incidental and general‑principle horizontal effect, key case law; state liability and UK Withdrawal Agreement
What is direct effect of EU law? The doctrine of direct effect is a central principle of EU law fashioned by the Court of Justice of the European Union (CJEU) in Van Gend en Loos. It provides a route for individuals to rely on EU law to assert rights in the courts of Member States—a remedy where EU obligations are not upheld. In Van Gend en Loos, the relevant EU rule was a Treaty article, i.e. primary law. The transport company Van Gend & Loos had brought goods from Germany into the Netherlands and was required to pay customs duties it regarded as contrary to Article 12 of the EEC Treaty (now Article 30 of the Treaty on the Functioning of the European Union (TFEU)), which bars increases in customs duties in trade between Member States. The preliminary reference addressed the incompatibility between national law and the Treaty provisions. The Court of Justice responded to the Netherlands court by formulating the principle of direct effect, thereby granting the company a direct safeguard of its rights under Community law before the national court. The court said that: ‘...the Community constitutes...
EU Law
Enforcing EU law in national courts: direct and indirect effect (vertical and horizontal), state liability, limits and reparation
PRACTICE NOTES
Enforcing EU law in national courts: direct and indirect effect (vertical and horizontal), state liability, limits and reparation
Judicial enforcement of EU law Alongside the enforcement tools available to EU institutions via the EU infringement procedure—such as referring matters to the Court of Justice of the European Union—there exist a number of judge-made principles, devised by the Court of Justice of the European Union, to secure the application of EU law within Member States. Put differently, when EU law is not observed, individuals have access to remedies. These principles, which fall within what is commonly termed the judicial enforcement of EU law, are: direct effect indirect effect state liability Their evolution occurred chiefly through the preliminary ruling mechanism, a framework through which national courts of the Member States co-operate and engage in dialogue with the Court of Justice of the European Union so as to achieve a harmonised interpretation of EU law. For further reading, see Practice Note: References to the Court of Justice of the European Union—the system of preliminary rulings. Whenever persons are affected by failures to comply with provisions of EU law, they may bring proceedings before their national courts to secure the protection of rights conferred on them by EU law, and to seek the interpretation of domestic legislation in light...
EU Law
EU 2020 Climate and Energy Package: targets, legislative instruments (EU ETS, Renewable Energy Directive, CCS Directive, Effort Sharing Decision), Energy Union context and 2020 progress — archived overview
PRACTICE NOTES
EU 2020 Climate and Energy Package: targets, legislative instruments (EU ETS, Renewable Energy Directive, CCS Directive, Effort Sharing Decision), Energy Union context and 2020 progress — archived overview
ARCHIVED: This Practice Note has been archived and is not maintained. Overview The 2020 EU Climate and Energy package, agreed in 2007, set three principal targets for 2020: 20% reduction in greenhouse gas emissions against 1990 levels, with a 30% cut by 2020 conditional on a comprehensive international climate change agreement 20% of EU energy from renewable sources 20% improvement in energy efficiency At the March 2007 European Council, EU leaders committed to clear, legally binding objectives to confront climate change, secure sustainable and competitive energy, and make the EU economy a 21st‑century model of sustainable development. Europe signalled readiness to lead globally, reflecting firm resolve. The surest route to achieve such ambition was for each Member State to know precisely what was required, and for the aims to be binding in law so the levers of government could be fully mobilised and the private sector would have the long‑term confidence needed to justify the investment to transform the EU into a low‑carbon and high energy...
EU Law
EU 2030 Climate and Energy Framework (Archived): targets, ETS reform, renewables/efficiency and governance; updates via Clean Energy Package, European Climate Law and ‘Fit for 55’
PRACTICE NOTES
EU 2030 Climate and Energy Framework (Archived): targets, ETS reform, renewables/efficiency and governance; updates via Clean Energy Package, European Climate Law and ‘Fit for 55’
ARCHIVED: This Practice Note has been archived and is not maintained Overview The 2030 Climate and Energy Framework set out three principal aims for 2030: at least a 40% cut in greenhouse gas emissions compared with 1990 a minimum 27% share for renewable energy an improvement of at least 27% in energy efficiency In 2018, under the Clean Energy for All Europeans Package (the Clean Energy Package), these were amended to: at least a 45% reduction in greenhouse gas emissions from 1990 levels a renewable energy share of no less than 32% a 32.5% increase in energy efficiency The framework was endorsed by EU leaders at the October 2014 European Council. It builds on the 2020 Climate and Energy Package (see Practice Note: 2020 EU Climate and Energy Package-snapshot). The 2030 framework was formulated to be consistent with the longer-term objectives and measures in the 2050 Roadmap to a low carbon economy, the Energy Road Map 2050 and the Transport White Paper. These targets were later updated again through the European Green Deal, published in December 2019, which presents a refreshed roadmap towards a climate neutral economy...
EU Law
EU 2050 Low-Carbon Economy Roadmap—archived overview of 2011 targets, sector pathways, EU ETS context and subsequent developments: Paris Agreement, European Green Deal and Climate Law
PRACTICE NOTES
EU 2050 Low-Carbon Economy Roadmap—archived overview of 2011 targets, sector pathways, EU ETS context and subsequent developments: Paris Agreement, European Green Deal and Climate Law
ARCHIVED : This Practice Note has been archived and is not maintained . Context In 2050, with the global population projected to reach nine billion, fierce pressure on oil, gas and other resources is expected to push up the price of fossil fuels unless significant gains in energy efficiency are realised and greater funding is directed towards non-fossil energy. The EU could not remain passive and therefore set out what became the '2050 low-carbon economy roadmap' (the 2050 Roadmap). In 2011, the Commission issued its Communication titled A Roadmap for moving to a competitive low-carbon economy in 2050. The 2050 Roadmap sat alongside the 2020 EU Climate and Energy package for a resource-efficient Europe, defining the core elements to guide the Union's climate efforts so it can evolve into a competitive low-carbon economy by 2050. The strategy rested on the premise that innovative approaches are needed to unlock investment across energy, transport, industry, and information and communication technologies, with a stronger emphasis on energy efficiency policies. Together with the White Paper on Transport and the Energy Efficiency Plan, the 2050 Roadmap formed a central pillar of EU climate policy (as it stood in 2011). It outlined potential measures for action...
EU Law
EU Clean Energy Package: legislative framework, electricity market design, energy efficiency, renewables and consumer rights—overview with Green Deal and 2024 reform updates [Archived]
PRACTICE NOTES
EU Clean Energy Package: legislative framework, electricity market design, energy efficiency, renewables and consumer rights—overview with Green Deal and 2024 reform updates [Archived]
ARCHIVED : This Practice Note has been archived and is not maintained . Purpose In late November 2016, the European Commission formally issued a Communication titled ‘Clean Energy for All Europeans’ as part of the Energy Union, intended to support and accelerate the shift to a low-carbon economy (see Practice Note: EU 2050 low-carbon economy—snapshot). The Clean Energy Package—also referred to as the EU ‘Winter Package’ or ‘Winter Energy Package’—brought forward eight new legislative measures, designed to comprehensively reshape the electricity market, in practice, bolster security of energy supply, set governance rules and frameworks for the Energy Union, put energy efficiency first, secure global leadership in renewables, on a global stage, and ensure a fair deal for consumers. The Energy Union, one of the Juncker Commission’s ten priorities, long served as the EU’s principal vehicle for, and contribution to, a comprehensive, worldwide move towards a low-carbon economy. Then, as now, indeed, the Commission sought EU leadership of the clean energy transition, viewing the package as a chance to modernise the EU economy while generating jobs and growth for all EU citizens. In addition, it directly underpinned delivery of the EU’s ambitious pledges under the UN Paris Agreement on Climate Change, on which...
EU Law
EU Climate Change Law and Policy: from UNFCCC, Kyoto and Paris to ECCP I–II, 2020/2030 Packages, European Green Deal, Fit for 55, Adaptation Strategy and Clean Industrial Deal
PRACTICE NOTES
EU Climate Change Law and Policy: from UNFCCC, Kyoto and Paris to ECCP I–II, 2020/2030 Packages, European Green Deal, Fit for 55, Adaptation Strategy and Clean Industrial Deal
Context Human activity is increasingly altering the climate and lifting global temperatures by burning fossil fuels, clearing rainforests and rearing livestock. These actions add large amounts of greenhouse gases to those naturally in the air, strengthening the greenhouse effect and causing global warming. Some atmospheric gases behave like a greenhouse’s glass, trapping the sun’s heat and preventing it from escaping into space. Many are natural, yet human actions are raising the concentrations of several, notably: carbon dioxide (CO2) methane nitrous oxide fluorinated gases CO2 is the greenhouse gas most commonly produced by people and is responsible for most man-made warming. Other greenhouse gases, such as methane and nitrous oxide, are released in smaller quantities, but they trap heat far more effectively than CO2. Rising emissions are driven by: burning fossil fuels (coal, oil and gas), which releases CO2 and nitrous oxide cutting down forests, as trees help regulate the climate by absorbing CO2 from the air. When they are cut down, that beneficial...
EU Law
EU Effort Sharing Decision 2009/406/EC—2013–2020 non-ETS national GHG targets, flexibilities and compliance; links to EU ETS; transition to Effort Sharing Regulation; UK revocation following Brexit
PRACTICE NOTES
EU Effort Sharing Decision 2009/406/EC—2013–2020 non-ETS national GHG targets, flexibilities and compliance; links to EU ETS; transition to Effort Sharing Regulation; UK revocation following Brexit
ARCHIVED: This Practice Note is archived and is no longer maintained Decision No 2009/406/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—latest consolidated version (July 2013) Entry into force: 25 June 2009 Transposition deadline: n/a Amendments: Annex III (List referred to in Article 15 of the Act of Accession: adaptations to acts adopted by the institutions—8. ENVIRONMENT) to Croatia’s Act of Accession to the European Union modifies Annex II of the ESD to reflect Croatia’s obligations, namely an 11% commitment Subject: Climate change—climate targets; Sources of environmental law—EU environmental law Purpose and scope of the ESD Under the 2020 EU Climate and Energy Package agreed in 2007, the EU pledged to cut greenhouse gas (GHG) emissions by a minimum of 20% by 2020 compared with 1990. At its March 2007 meeting, the European Council supported a more ambitious 30% EU target, contingent on the conclusion of an international climate agreement. The Paris Agreement was adopted on 12 December 2015 and took effect on 4 November 2016. For more...
EU Law
EU Floods Directive 2007/60/EC: assessment, mapping and management of flood risk; Water Framework Directive coordination, climate adaptation guidance, review cycles and the European Water Resilience Strategy
PRACTICE NOTES
EU Floods Directive 2007/60/EC: assessment, mapping and management of flood risk; Water Framework Directive coordination, climate adaptation guidance, review cycles and the European Water Resilience Strategy
Key information Floods Directive Official title: Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks (the Floods Directive) In force from: 26 November 2007 (Art 18) Transposition deadline: 25 November 2009 (Art 17) National implementation: See Eur-Lex information on national transposition measures, as provided by Member States Amendments: None Subject: Flooding Purpose of the Floods Directive The Directive sets a common approach to evaluate, manage and lessen the risk of floods—particularly along rivers and in coastal zones—to protect human health, the environment, property and economic activity across the EU. It calls for the assessment of flooding risk within river basins, the creation of flood hazard and risk maps wherever serious flood risk is present, and the preparation of flood risk management plans by Member States. Prevention and management actions are arranged by river basin districts (which may encompass several river basins), as established by the Water Framework Directive 2000/60/EC (WFD). The WFD requires river basin management plans for each river basin district to attain good ecological and...
EU Law
EU legal system: principles (primacy, conferral, subsidiarity, proportionality, sincere co-operation), competences, sources of law, enforcement by the Commission/CJEU, and individual remedies (direct and indirect effect, state liability)
PRACTICE NOTES
EU legal system: principles (primacy, conferral, subsidiarity, proportionality, sincere co-operation), competences, sources of law, enforcement by the Commission/CJEU, and individual remedies (direct and indirect effect, state liability)
Introduction to the EU legal system The EU legal order is sui generis—unmatched by any other legal system, even if it incorporates elements from many. To grasp its operation, resist folding it into a national template (or measuring it against one) and watch how it behaves from multiple perspectives. From the outset, the EU (then the EEC) was meant to evolve into more than a mere economic community, hence the founding Member States consented to cede slices of sovereignty to newly created 'supranational' institutions. Supranational, as the term suggests, describes authority set above a national framework. The label marks the contrast with intergovernmental arrangements, where choices are made by consensus and remain tied to the interests of national governments. Once inside the EU, Member States can no longer enact, on their own, laws within fields allocated by the EU Treaties, ie the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), and by their predecessors, to the EU institutions, that competence being vested in the Union institutions for those fields...
EU Law
EU MAC Directive 2006/40/EC: ban on refrigerants with GWP above 150 in motor vehicle air-conditioning: scope, type approval and phased prohibitions
PRACTICE NOTES
EU MAC Directive 2006/40/EC: ban on refrigerants with GWP above 150 in motor vehicle air-conditioning: scope, type approval and phased prohibitions
Key information EU MAC Directive Official title: Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 concerning emissions from air-conditioning systems in motor vehicles and amending Council Directive 70/156/EEC In force since: 4 July 2006 Transposition deadline: 4 January 2008 National transposition: See the Eur-Lex list of national transposition measures, as notified by Member States Subject: Greenhouse gases; fluorinated gases (F-gases); transport; motor vehicles; transport emissions What are fluorinated gases (F-gases)? Fluorinated gases (F-gases) are a group of synthetic gases applied in numerous everyday products and industrial uses. This group covers: Hydrofluorocarbons (HFCs) — widely used as refrigerants in refrigeration, air-conditioning and heat pump equipment (including vehicle air conditioning systems), as foam blowing agents, as solvents and in fire extinguishers and aerosols Perfluorocarbons (PFCs) — employed in the electronics sector (for example for plasma cleaning of silicon wafers), as well as in the cosmetic and pharmaceutical industry; in the past also found in fire extinguishers and fire protection systems Sulphur hexafluoride — used chiefly as an insulating gas, in high-voltage switchgear and in the production of magnesium and aluminium HFCs represent the bulk of F-gas emissions in the EU. Emissions of...
EU Law
EU Paints Directive 2004/42/EC: scope, VOC limits, market placement and labelling requirements, exemptions, key amendments and 2011 review
PRACTICE NOTES
EU Paints Directive 2004/42/EC: scope, VOC limits, market placement and labelling requirements, exemptions, key amendments and 2011 review
Key information EU Paints Directive Official title: Directive 2004/42/EC of the European Parliament and of the Council of 21 April 2004 on limiting emissions of volatile organic compounds from the use of organic solvents in certain paints, varnishes and vehicle refinishing products, amending Directive 1999/13/EC (the EU Paints Directive) Entered into force: 30 April 2004 Deadline for transposition: 30 October 2005 National transposition: see Eur-Lex for national transposition measures submitted by Member States Principal amendments: Directive 2008/112/EC of 16 December 2008, introducing changes to reflect Regulation (EC) 1272/2008 on classification, labelling and packaging of substances and mixtures - transposition deadline: 1 April 2010; application from 1 June 2010 Directive 2010/79/EU of 19 November 2010, adapting Annex III to Directive 2004/42/EC in line with technical progress - transposition deadline: 10 June 2012 Regulation (EU) 2019/1020 of 20 June 2019 on market surveillance and product compliance, amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and No 305/2011 - applicable from 16 July 2021 Regulation (EU) 2019/1243 of...
EU Law
EU PIC Regulation 649/2012 implementing the Rotterdam Convention: hazardous chemical export and import controls: notifications, explicit consent, bans, packaging and labelling, enforcement, reporting, and 2023-2025 Annex updates
PRACTICE NOTES
EU PIC Regulation 649/2012 implementing the Rotterdam Convention: hazardous chemical export and import controls: notifications, explicit consent, bans, packaging and labelling, enforcement, reporting, and 2023-2025 Annex updates
Key information EU PIC Regulation title: Regulation (EU) 649/2012 of the European Parliament and of the Council of 4 July 2012 on the export and import of hazardous chemicals (recast) Entry into force: 16 August 2012 Applicable from: 1 March 2014 Transposition deadline: N/A—Regulations apply directly to Member States and do not require national transposition Amendments: Commission Delegated Regulation (EU) No 1078/2014 (7 August 2014) updating Annex I to Regulation (EU) 649/2012 on the export and import of hazardous chemicals. In force: 4 November 2020; application: 1 December 2014 Commission Delegated Regulation (EU) 2015/2229 (29 September 2015) revising Annex I to Regulation (EU) 649/2012 on the export and import of hazardous chemicals. In force: 23 December 2015; application: 1 February 2016 Commission Delegated Regulation (EU) 2018/172 (28 November 2017) modifying Annexes I and V to Regulation (EU) 649/2012 on the export and import of hazardous chemical. In force: 26 February 2018; application: 1 April 2018 Commission Delegated Regulation (EU) 2019/330 (11 December 2018) amending Annexes ...
EU Law
EU POPs Regulation (EC) 850/2004—overview of prohibitions, exemptions, waste and reporting; archived; enforcement in England and Wales; superseded by Regulation (EU) 2019/1021
PRACTICE NOTES
EU POPs Regulation (EC) 850/2004—overview of prohibitions, exemptions, waste and reporting; archived; enforcement in England and Wales; superseded by Regulation (EU) 2019/1021
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 instruments subject to the procedure in Article 251 of the Treaty with Council Decision 1999/468/EC regarding the regulatory procedure with scrutiny - adaptation to the regulatory procedure with scrutiny - Part Two Commission Regulation (EC) No 304/2009 of 14 April 2009, modifying Annexes IV and V to Regulation (EC) No 850/2004 as regards the treatment of waste containing persistent organic pollutants...
EU Law
EU Renewable Energy Directive (2009/28/EC): summary, UK implementation, Brexit impact and repeal by RED II (archived)
PRACTICE NOTES
EU Renewable Energy Directive (2009/28/EC): summary, UK implementation, Brexit impact and repeal by RED II (archived)
ARCHIVED : This Practice Note has been archived and is not maintained. Directive 2009/28/EC of the European Parliament and of the Council, dated 23 April 2009, concerns the promotion of energy from renewable sources and also amended, then repealed, Directives 2001/77/EC and 2003/30/EC (the Renewable Energy Directive, RED). In force from: 25 June 2009 (Article 28 of Directive 2009/28/EC, RED). Transposition deadline: 5 December 2010 (Article 27 of Directive 2009/28/EC, RED). Amendments Council Directive 2013/18/EU of 13 May 2013 adapted the RED following the Republic of Croatia’s accession. Note: it solely added Croatia’s renewable targets to Annex I, Part A. Directive (EU) 2015/1513 of 9 September 2015 amended Directive 98/70/EC on the quality of petrol and diesel fuels and revised the RED (text with EEA relevance). EUR-Lex offers an informal consolidated version combining the RED and these amendments—consolidation of RED. This consolidation is provided only as a documentation aid and should not be relied upon as authoritative. Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources (recast) (RED II) entered into force on 24 December 2018. This...
EU Law
EU Urban Wastewater Treatment Directive 91/271/EEC: requirements on collection, treatment (sensitive/less sensitive areas), industrial wastewater, sludge and monitoring; transitional measures and recast Directive (EU) 2024/3019
PRACTICE NOTES
EU Urban Wastewater Treatment Directive 91/271/EEC: requirements on collection, treatment (sensitive/less sensitive areas), industrial wastewater, sludge and monitoring; transitional measures and recast Directive (EU) 2024/3019
Purpose Directive 91/271/EEC on urban wastewater treatment (the UWTD) came into effect on 29 May 1991. It set requirements for the collection, monitoring, treatment and discharge of urban wastewater, as well as the oversight, treatment and release of effluent from specified industrial sectors named in Annex III. The UWTD’s aim is to shield the environment from the harmful impacts of such discharges. milk processing meat and fish processing manufacturing of fruit and vegetable products manufacturing and bottling of soft drinks etc European Green Deal—recast of the Urban Wastewater Treatment Directive A 2019 assessment of UWTD implementation found it had raised collection and treatment rates across the EU, yet concluded a comprehensive update was necessary to confront ongoing and emerging pollution (for example pharmaceuticals and microplastics), to build climate resilience, to align with the circular economy via better resource recovery, and to reflect technological progress. On 26 October 2022, the Commission put forward a proposal to recast the UWTD, based on the 2019 evaluation and crafted to bring the Directive into line with the European Green Deal’s policy objectives, and...
EU Law
Great Britain Waste Shipments Regulation (Assimilated Reg (EC) 1013/2006): procedures, import/export and transit controls, NI/Windsor Framework, plastics and WEEE amendments, enforcement
PRACTICE NOTES
Great Britain Waste Shipments Regulation (Assimilated Reg (EC) 1013/2006): procedures, import/export and transit controls, NI/Windsor Framework, plastics and WEEE amendments, enforcement
Assimilated Regulation (EC) 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (GB Waste Shipments Regulation) Commencement on 15 July 2006 (art 64.1). In its initial form, the application began on 12 July 2007 (art 64.1). Amendments Assimilated Regulation (EC) 1379/2007 of 26 November 2007 — effective from 30 November 2007. Assimilated Regulation (EC) No 669/2008 of 15 July 2008 — in effect 19 July 2008. Assimilated Regulation (EC) No 219/2009 of the European Parliament and Council of 11 March 2009 — operative from 20 April 2009. Assimilated Regulation (EC) No 308/2009 of 15 April 2009 — takes effect 19 April 2009. Directive 2009/31/EC of the European Parliament and Council of 11 March 2009 of 23 April 2009 — in force 25 June 2009. Assimilated Regulation (EC) No 413/2010 of 12 May 2010 — effective 16 May 2010. Assimilated Regulation (EC) No 664/2011 of 11 July 2011 — in force from 1 August 2011; except for exports to countries where Decision C(2001)107/Final on control of transboundary movements of wastes for recovery operations (the OECD Decision) is not applicable, point 3 of Annex IIIA to Regulation (EC) No 1013/2006, as revised by this...
Environment
Indirect Effect of EU Law: From Von Colson to Marleasing, Scope and Limits, and Application by National Courts
PRACTICE NOTES
Indirect Effect of EU Law: From Von Colson to Marleasing, Scope and Limits, and Application by National Courts
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...
EU Law
Persistent Organic Pollutants (POPs): International Conventions, EU Recast Regulation 2019/1021, and the UK Post-Brexit/Assimilated Regime: Derogations, Waste and Competent Authorities
PRACTICE NOTES
Persistent Organic Pollutants (POPs): International Conventions, EU Recast Regulation 2019/1021, and the UK Post-Brexit/Assimilated Regime: Derogations, Waste and Competent Authorities
Introduction POPs are hazardous chemical substances that can cross national boundaries, are often detected far from their points of release, persist in the environment, and bioaccumulate—i.e. build up within the bodies of living organisms—thereby posing risks to human health and the natural world. They are toxic compounds that break down only very slowly and enter food chains. These priority pollutants comprise pesticides, industrial chemicals, and unintended by-products of industrial processes. POPs are frequently carried by air and water across borders to locations far from their sources, including regions where they have never been produced or used, with impacts on ecosystems. For more information on POP emissions, see the data, trackers and indicators on the European Environment Agency website. Efforts to control and ban POPs International At international level, two major Conventions (international treaties) provide the foundation for more targeted control measures...
Environment
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