Climate action and clean energy

Key developments

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EU environment tracker 2024—climate action, energy, and emissions—this tracker tool covers key new and upcoming EU legislation and consultations linked to the EU’s climate action and emissions reduction targets. The EU has committed to reduce its greenhouse gas emissions progressively up to and beyond 2030 with the ultimate aim of reaching net zero emissions by 2050. These emissions targets have driven rapid developments in recent energy and environmental policy and legislation, including the launch of the European Green Deal and the enactment of the European Climate Law. To review legal developments from 2023, see Practice Note: EU environment tracker 2023—climate action, energy, and emissions [Archived]
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The European Green Deal—tracker—tracks policy developments at the EU level under the European Green Deal, the European Commission's roadmap for moving to a sustainable economy, central to which is the commitment to make the EU the first climate-neutral continent by 2050. The Green Deal forms the basis of EU actions to tackle the risk of climate change, biodiversity loss, deforestation and pollution. This tracker provides an overview on the background to the European Green Deal

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Latest EU Law News

EU Law weekly highlights—21 November 2024

This week's edition of EU Law weekly highlights includes analysis on the European AI Office’s draft General-Purpose AI Code of Practice, the Court of Appeal of the Unified Patent Court decision confirming its international jurisdiction, the judgment that 3D inhaler trade mark cannot be restored by Boehringer, the ruling that Ukraine border service cannot get an EU trade mark for its war slogan, Meta being fined €798m for tying marketplace ads to Facebook, and the role of acceptable use policies in AI, In addition, this week the 2025 EU annual budget was agreed, the Council of the EU adopted a regulation to shut down European Online Dispute Resolution platform, adopted a ban on forced labour products in Union market, and approved the certification framework for carbon removals, the European Parliament endorsed the postponement of the deforestation rules, the European Commission proposed a single digital portal for posted worker declarations, and the EU Cyber Resilience Act and EU Listing Acts were published in the Official Journal.

ECHA updates progress on PFAS restriction proposal evaluation

The European Chemicals Agency (ECHA) has issued a progress update on the evaluation of the per- and polyfluoroalkyl substances (PFAS) restriction proposal. ECHA and five European countries are reviewing over 5,600 comments received during consultation, identifying additional uses for assessment, and considering alternative restriction options beyond a full ban. The agency is evaluating the proportionality of these options for specific sectors, such as batteries and fuel cells, to inform the ongoing scientific committee evaluations.

A ‘Kwantum’ leap decision? Court of Justice on harmonising EU copyright protection for non-EU designs (Kwantum v Vitra)

IP analysis: In this decision, the Court of Justice’s weighed in on important principles and the EU-wide harmonisation of international copyright law. The Court of Justice confirmed the Advocate General (AG) Szpunar’s opinion that EU Member States do not have any discretion to limit EU copyright protection by applying the material reciprocity test enshrined in the Berne Convention, which provides that works of applied art originating in countries where they are only protected as designs (eg the US) may not, in other signatory countries eg Belgium and the Netherlands), also be granted copyright protection. In this context, the Court of Justice emphasised that a work shall enjoy protection under EU copyright law if it is ‘original’, regardless of its geographic origin within or outside the EU. The Court of Justice’s judgment can be expected to significantly impact the harmonisation of copyright laws within the EU, ensuring broader protection for works of applied art and potentially influencing future legislative developments. Written by Alexander Hofmann, attorney-at-law at Baker McKenzie Austria, and Marlies Kittinger, junior associate at Baker McKenzie Austria.

COP29 round-up—20 November 2024 (Urbanisation, Transport and Tourism)

On 20 November 2024, the tenth day of the 29th Conference of the Parties of the United Nations Framework Convention on Climate Change (COP29) focused on urbanisation, transport, and tourism, marking the first time the COP Presidency dedicated a day to tourism. The Presidency Stocktaking Plenary discussed several topics, including the new collective quantified goal on climate finance (NCQG). In addition, the UN Climate Change Executive Secretary, Simon Stiell, delivered a speech on nationally determined contributions (NDCs), and the COP29 Presidency launched declarations on tourism and urban resilience.