JEM News November 2011

Legislation

Biofuels policy dealt new blows

Europe's controversial policy on the use of bioenergy for electricity and transport is under fire on all fronts. Industry and NGOs are unhappy about European Commission plans to delay action on the indirect land use effects of biofuels, while scientists have exposed a serious carbon accounting error underlying the policy.

Both issues focus on indirect land use change (ILUC) effects as a result of a major shift to biofuels as an energy source. Clear rules on land use impacts are seen as essential for long-term commercial exploitation. Over the summer it emerged that the Commission's energy and climate departments acknowledged the scientific case for taking ILUC into account but favoured a precautionary approach for the time being. It was suggested that the issue might be reconsidered in 2014, meaning ILUC factors would not be introduced for some time. There could be an increase in the emission savings required across a biofuel's lifecycle instead.

Biotech association EuropaBio said biofuel investors needed a “long-term and stable policy framework”. The Commission's delay on ILUC has dented confidence and is delaying moves towards more advanced fuels, it added. Recent figures showed consumption of biofuels in the EU growing at a slower rate than forecasted.¹

NGOs, on the other hand, are unhappy at any suggestion of threshold changes. Existing rules require savings of at least 35% compared with conventional fuels. The figure rises to 50% in 2017. Green group T&E said the move was ill-conceived and would do nothing to address land use change. “As there is no causal link between the direct CO₂ values and indirect effects, it would be a very bad decision,” a spokesman commented.

Scientists agree: in an opinion issued by the European Environment Agency (EEA), experts clearly state that ILUC concerns should not be addressed by increasing biofuels' emission saving thresholds. Higher greenhouse gas (GHG) saving thresholds are wrong, the EEA says, because they are based on an erroneous assumption that bioenergy is carbon neutral.

The commonly accepted belief is that burning bioenergy – biofuels or biomass – emits as much carbon as is absorbed by plants. Citing research by US academic Tim Searchinger, the EEA experts explain that clearing or cutting forests for energy crops can lead to a significant loss of carbon sinks that may only fully recover decades later. Hence, this leaves a carbon debt that may never be paid back. This carbon accounting error originates from a misinterpretation of UNFCCC accounting rules and is repeated in EU law.

Furthermore, higher thresholds may exacerbate the problem as they will “encourage making biofuels using more land, and more productive land, even to generate fewer litres of biofuels, if doing so reduces emissions from inputs (such as energy or fertilisers), even when the true net GHG consequences would be worse”. For example, this could mean more ethanol and biodiesel with extremely low yields on highly productive land and fewer biofuels with far higher yields on less productive land and reasonable levels of fertilisers, or fewer biofuels from wastes and residues that need more energy for processing and transportation.

A recent conference organised by the European Biofuels Technology Platform called for the EU to side-step the issue altogether by adopting a regulatory framework that supports the deployment and commercialisation of second-generation biofuels, such as those from lignocellulosic crops. Here Europe has a lot of catching up to do, however, since costs associated to advanced biofuels are currently almost three times as high as in the US. Roberto Rodriguez Labastida, biofuels analyst at Bloomberg New Energy Finance, said Europe needs to put in place support mechanisms similar to the feed-in tariffs for wind and solar power or the type of obligations adopted in the US.

Attention is now shifting to biomass (purpose-grown wood rather than crops), which is also seen as a potential pillar of future energy policy. UK green group RSPB warned that the biomass sector could become bogged down in the same environmental debate that has engulfed biofuels. Power plants should not get subsidies if they run on imported wood, it said. Increasing the use of domestically-grown wood to produce heat and electricity could threaten the biodiversity, carbon stocks and health of Europe's forests, according to a report from the UN Economic Commission for Europe (UNECE).

European Commission: http://ec.europa.eu/energy/renewables/biofuels/land_use_change_en.htm; European Environment Agency: http://www.eea.europa.eu/; European Biofuels Technology Platform: http://www.biofuelstp.eu/ and http://www.biofuels-platform.ch/en/home/index.php; RSPB: http://www.rspb.org.uk/; UNECE: http://www.unece.org/

Commission eyes a greener CAP

A significant proportion of funds under the EU's Common Agricultural Policy (CAP) would be devoted to environmentally-friendly practices under plans outlined by the European Commission.

Unveiling its proposal for post-2013 policy reform, the Commission said 30% of ‘pillar one’ direct payments should be tied to green measures. The idea, first mooted in a policy paper last year^2,3 is to encourage farmers to go beyond existing cross-compliance principles and adopt environmentally-friendly practices.

To qualify for the payments, European farmers would also have to set-aside 7% of their agricultural land for ecological purposes, such as creating buffer strips and fallow land. This is an increase from the 5% proposed previously. While large farms could face payment cuts of up to 70% from 2013, this will not affect the greening element of pillar one, according to the Commission. Farming lobbies said the increase could exacerbate food security concerns and raise food prices.

Member States generally support the proposals whereas MEPs are divided.

The European Court of Auditors has called for green subsidies under the CAP to be targeted to geographical areas facing major problems, such as biodiversity loss, rather than being spent uniformly across national territories. Its latest report found that while some progress has been made on the management of agri-environment schemes considerable problems remain. The lack of geographical targeting, for example, is an issue that was first flagged more than ten years ago.

CAP Reform Group: http://capreform.eu; European Court of Auditors: http://eca.europa.eu

F-gases: Europe promises new rules

The European Commission will propose new measures to reduce emissions of fluorinated gases (f-gases) next year, Climate Commissioner Connie Hedegaard told the European Parliament in Strasbourg. Ms Hedegaard was responding to MEPs' questions on efforts to address non-CO₂ greenhouse gases.

A review of the existing f-gas regulations, to be published shortly, shows they could halve projected emissions by 2050, Ms Hedegaard explained. Rules on stationary sources of f-gases has led to emissions reductions in certain areas, but further cost-effective reductions are also possible. Potential measures to address black carbon and ground-level ozone – both short-lived climate forcers (SLCFs) – will be considered as part of the Commission's overhaul of EU air quality policies, to be completed by 2013, Ms Hedegaard continued⁴ [See separate item below].

Internationally, the Commission is backing efforts for action on HFCs under the Montreal Protocol, although negotiations are currently logjammed.⁵ It is also negotiating new binding targets on ozone-precursor gases with the US and Canada and expects to reach an agreement by the end of the year, Ms Hedegaard said.

MEPs suggested the Commission should also act on NO_x emissions from aircraft and the climatic effect of their contrails. German experts recently called for a more proactive approach in deploying alternatives to HFCs and other f-gases.⁶

Meanwhile, the phase out of HFCs under the Montreal Protocol could be hampered by many of the smuggling problems that undermined CFC controls, the UN Environment Programme (UNEP) has warned. In a joint report with green group EIA, it calls on regulators to step up enforcement and consider monitoring installations that produce HFCs as chemical intermediates rather than refrigerants. An informal prior informed consent (iPIC) system adopted by the EU and some other countries has also worked well, UNEP says.

HFC refrigerants were originally adopted as replacements for ozone-depleting CFCs but have a high global warming potential. The import and use of virgin HFCs was banned in the EU from 2010 but recycled HFCs can be used until 2015. Seizures of illegal HFC shipments have increased in recent years, especially in the US.

European Parliament: http://www.europarl.europa.eu/; Environmental Investigation Agency: http://www.eia-international.org/

Biocide proposal in a spin

MEPs have hit out at European proposals to regulate biocides, claiming the original measures have been watered down by governments and the Parliament's own rapporteur Christa Klass.

French MEP Corinne Lepage, a member of the Parliament's Environment Committee, said the balance struck in the first reading had been lost.⁷ Several MEPs feel the new proposal would overburden the European Chemicals Agency (ECHA) by making too many biocides eligible for EU approval from 2013. An ECHA representative told the Committee recently that the Agency needs time to build its authorisation capacity. It will not receive any additional funding until the regulation enters force, which is likely to be in mid-2012.

The Parliament initially agreed only a narrow range of ‘low risk’ products and those with new active substances should be eligible for EU authorisation before 2017. After that, the scope would be opened to most biocides. Under the negotiation procedure, Member States changed this to a list of product categories, making more biocides eligible from 2013. The latest proposal, prepared by Ms Klass, includes a different list of product categories which Committee members believe will incorporate even more biocides. They say conditions under which active substances receive derogations have also been weakened. However, the date for full implementation remains 2017, rather than 2020 as proposed by ministers.

In a related move, the European Court of Justice (ECJ) has rejected a long-running challenge to the EU's current authorisation regime for biocides. A series of related cases, brought by six companies, centred on the potential for free-riding and data protection concerns. In final rulings, the ECJ said the cases were inadmissible as the issues raised affect the whole industry. Cases heard by the court must affect the claimants individually; appeals on broader issues have to be referred by a national court. The cases were first lodged in 2004 and reformulated in 2008 following the adoption of new biocides rules.

European Parliament: http://www.europarl.europa.eu/; European Court of Justice: http://curia.europa.eu (case refs: T-75/04, T-400/04, T-120/08)

Environmental quality

Resource efficiency key for Asia-Pacific prosperity

The Asia-Pacific region needs a ‘green’ industrial revolution that catalyzes dramatic improvements in resource efficiency if the countries and communities there are to prosper in the 21st century. This is the key message of a new report which claims to make “a compelling case for the transition to a green economy”. Per capita resource consumption in the region, such as construction minerals and fuels, needs to be reduced by around 80% if sustainable development is to be achieved, the study says.

The report, prepared by the UN Environment Programme (UNEP) and partners including the Commonwealth Scientific and Industrial Research Organization, says Asia-Pacific's dynamic growth of the past few decades has reduced poverty and increased wealth and per capita incomes. But this has come at a price that is “exacting a high-current and future-environmental cost. Problems include greenhouse gas emissions, biodiversity loss, deteriorating ecosystems and rapid resource depletion”.

Total materials consumed in 2005 alone – including biomass, fossil fuels, metals and industrial and construction materials – amounted to around 32 billion tonnes. The Asia-Pacific region accounts for over half the world's population and nearly 30% of the global GDP. Without a decoupling of GDP growth from resource use, it is likely to be using 80 billion tonnes of materials by 2050. And without worldwide action global resource consumption could triple by mid-century to 140 billion tonnes, according to a previous report by UNEP's International Resource Panel launched earlier this year.⁸

The report underlines that Asia-Pacific has enormous opportunities to dramatically boost resource efficiency and in so doing boost economic growth, generate new kinds of clean tech industries, and reduce if not overturn losses linked with environmental degradation.

Welcoming the findings, UNEP Executive Director Achim Steiner said the report: “spotlights the challenges but also the opportunities for a transition to a low-carbon, far more resource efficient Green Economy not as an alternative to sustainable development but as a means of implementing it.” This provides “a path for Asia-Pacific that can be taken forward to Rio + 20 next year and beyond.”

The Asia-Pacific report is part of a series of regional studies and follows in the wake of a similar assessment for Latin America published in July.

UNEP: “Resource Efficiency-Economics and Outlook for Asia and the Pacific”, http://www.unep.org/

Agency acts for environmental justice

The EPA has launched a major program to protect people's health and the environment in communities overburdened by pollution. Plan EJ 2014 is a three-year strategy to advance environmental justice efforts in nine areas, including rule making, permitting, enforcement, and science. The Plan aims to protect people's health in vulnerable communities, empower communities to take action to improve their health and environment, and establish partnerships for sustainable communities.

“Far too often, and for far too long, low-income, minority and tribal communities have lived in the shadows of some of the worst pollution, holding back progress in the places where they raise their families and grow their businesses,” said Lisa Garcia, EPA's Senior Advisor for Environmental Justice. “Today's release of Plan EJ 2014 underscores Administrator Jackson's ongoing commitment to ensuring that all communities have access to clean air, water and land, and that all Americans have a voice in this environmental conversation.”

The Agency emphasizes that Plan EJ 2014 is not a rule or regulation but a strategy to help integrate environmental justice into the EPA's day-to-day programs, policies, and activities. It identifies cross-agency focus areas, tools development, and program initiatives as three essential elements that will advance environmental justice across the EPA and the federal government.

Under Executive Order 12898, passed 20 years ago by the Clinton Administration, each federal agency should make environmental justice part of its mission. The EPA's latest move is part of a commitment by many federal agencies to develop environmental justice strategies.⁹ The agency will report annually on progress.

EPA: http://www.epa.gov/compliance/environmentaljustice/plan-ej/index.html

UNEP targets black carbon

Measures to address black carbon and other short-lived climate forcers (SLCFs) would bring multiple environmental benefits and should be centre stage at next year's Rio + 20 summit, according to UNEP chief Achim Steiner.

Speaking at a ministerial meeting in Mexico, Mr Steiner said a forthcoming UNEP report would set out possible measures to reduce levels of black carbon, ground level ozone and methane. This could form the basis of an international action plan agreed in Rio, he said. Addressing SLCFs would help keep global warming below 2 °C while improving air quality and health, and stimulating green growth, Mr Steiner continued.¹⁰

“While the formal, legal process [on climate change] continues to struggle, fast action on the SLCFs offers a cooperative way forward by all nations. Not as an alternative path to the legal process, but as a complementary and perhaps voluntary one,” he said.

The UN Economic Commission for Europe is considering measures to address black carbon through its convention on long-range transboundary air pollution and there are several initiatives aimed at replacing inefficient cooking stoves in poor nations.

UNEP: http://www.unep.org/newscentre/

Shale gas courts controversy

The debate over shale gas exploitation in Europe is becoming increasingly polarised as the issue moves up the energy agenda. In the UK, US company Cuadrilla Resources reported “huge quantities” of shale gas in the northwest of England, a find which could “have major implications for UK climate and energy policy”. However, just days before the European Parliament reported that extracting shale gas was not worth the environmental risks and damage done by hydraulic fracturing. The downsides outweigh the potential benefits of the EU's limited reserves, it said.

Based on its first two exploration wells, Cuadrilla estimates its licensed area of about 1200 square kilometres, covering a geological area known as the Bowland Shale, has 5660 billion cubic metres of gas. This is about 60 times more natural gas than the UK consumed last year. This estimate has not been independently verified and the proportion that can be recovered is uncertain. US experience suggests up to 30% of the gas is extractable in successful developments. Cuadrilla said developing the field could generate large tax revenues, create highly skilled jobs and develop an EU centre of excellence for the industry.

However, gaps in EU legislation could be putting people and the environment at risk, and the European Commission should consider introducing a dedicated shale gas directive, according to the European Parliament's Environment Committee. Shale gas enjoys regulatory “privileges” it does not deserve, the Committee says. It recommends banning, or at least restricting, the injection of toxic chemicals during fracturing, and mandatory disclosure of the substances used.

The risks posed by fracturing, also known as fracking, are not properly assessed at the moment because the threshold above which an environmental impact assessment is required is too high, according to the report, published during the summer. Many are due to improper handling or leaking equipment. The EU's water framework directive should address fracking's impact on surface water. Water flows and air emissions must also be monitored in areas where fracking permits are granted.

The US experience with fracking shows accidents are common and can have serious impacts, the report notes. Industry insists the practice is safe and that shale gas can reduce emissions by replacing coal supplies, but the EP report suggests the appearance of cheap shale gas will delay energy efficiency improvements and a switch to alternative sources of energy. Also, the Commission has pointed out that none of the chemicals used in hydraulic fracturing are registered for that use under Europe's REACH regime, a factor that could delay projects for several years.

Concerns over shale gas are growing in several European countries. France, for example, passed a law banning the use of fracturing in July. In the UK the technique is controversial,¹¹ but an official report has concluded that it poses no risks to underground water aquifers.¹² In the US, the EPA is undertaking a review of potential impacts of fracking on drinking water resources.¹³

On a similar theme, the Parliament has voted against a ban on offshore oil and gas exploration in environmentally sensitive regions such as the Arctic. Green MEPs, whose call for a freeze on all deep-sea drilling was also rejected, said the resolution had “fallen short of pushing for sufficient EU measures to address the risks of offshore oil and gas exploration”. The EU is holding talks with Canada's National Energy Board over risks associated with offshore drilling in the Arctic.

European Parliament: http://www.europarl.europa.eu/ (ref: shale_gas_pe464_425_final); Canadian National Energy Board: http://www.neb-one.gc.ca/clf-nsi/index.html

Chemical hazards

Experts urge caution on nanomaterials

European regulators should take a more precautionary approach to nanomaterials, experts have warned. Such materials should be labelled and subject to new product authorisation and registration systems, according to the German Advisory Council on the Environment (SRU). The Council, made up of seven environmental experts, advises the German government.

German and EU law already requires a precautionary approach to new technologies, the report notes. This is particularly important for nanotechnology, which presents novel risks and is developing faster than the methods used to test its safety. The European Commission is currently reviewing the treatment of nanomaterials under REACH as part of a wider review of the regime.¹⁴

The Council wants to see nanoparticles registered separately, even if registrations already exist for the bulk version of the same substances. It also calls for a lower threshold to apply, requiring registration of nanoparticles made or imported into the EU in quantities below one tonne a year, and chemical safety assessment of any substance of theoretical concern. Companies that manufacture and use nanomaterials should be automatically brought under environmental permitting laws to minimise pollution risks and a notification system considered for manufacturers, the SRU suggests.

The use of nanomaterials in sensitive products such as cosmetics should be subject to authorisation, it adds. A semi-public register for products containing manufactured nanoparticles should also be established. German environment minister Norbert Rottgen has already said he favours a product register.

SRU: “Precautionary Strategies for Managing Nanomaterials” (English version), http://www.umweltrat.de

Concerns grow for chemical cocktails

Concerns over the health risks from pollutants acting in combination – so-called cocktail effects – are highlighted in a number of recent studies and legislative proposals.

Firstly, a study of domestic dust samples from around the world has shown a hazardous mix of endocrine disrupting chemicals (EDCs). The analysis, by the Swedish Society for Nature Conservation, ChemSec and other NGOs, covered six European, four African and two Asian countries. It found higher concentrations of 11 brominated flame retardants (PBDE) and four phthalates. Nonylphenol and bisphenol-A were among the other EDCs found. Residents' exposure via the dust would be below each EDC's tolerable daily intake (TDI), but they can act in combination to create cocktail effects. Total combined levels of phthalates also exceeded the TDI, the report says.

The NGOs want a methodology to be established under REACH to evaluate cocktail effects, and more attention given to the consequence of low-dose exposure. They also call for more EDCs to be nominated for addition to the REACH candidate list. The EU is currently preparing for a review of EDCs and consulting on the health and environmental effects of chemical mixtures.¹⁵

Meanwhile, the European Chemicals Agency (ECHA) is consulting on a Danish proposal for a partial ban on a combination of four phthalates from some goods.¹⁶ The proposal for a restriction under article 17 of REACH would apply to DEHP, BBP, DBP and DIBP. It seeks to ensure that the combined concentration of these EDCs does not exceed 0.1% in goods intended for indoor use or likely to come into direct contact with skin or mucous membranes. Under existing law, manufacturers wanting to use three of the phthalates – DEHP, DBP and BBP – from 2015 will have to apply for authorisations. The fourth one, DIBP, is recommended for addition to REACH's annex 14 authorisation list.

ChemSec: http://www.chemsec.org/; ECHA: http://echa.europa.eu

Retardants review highlights data gaps

Data necessary to assess the health and environmental risks of many substances used as flame retardants in consumer goods is missing, experts say. An EU-funded review of 42 flame retardants found that data was lacking for more than half the substances, 11 of which appear to pose unaddressed risks.

The study, conducted by consultants for the European Commission, found appropriate risk management measures in place for six of the substances reviewed. The authors were also broadly satisfied with measures covering another three. More data on the remainder should become available through REACH. The Commission intends to undertake a fuller evaluation of the risk posed by these chemicals, but at the moment there is not enough information available.

The study found no clear link between the stringency of EU rules on flame retardants in particular countries and deaths from domestic fires. The number of deaths fluctuates for a number of other reasons, including the use of fire alarms and changing smoking habits. Hence, it is not clear whether rules on incorporating fire retardants in consumer goods have any effect at all.

Industry association PINFA questioned the suitability of the method used to assess the flame retardants and said it would help fill any data gaps.

European Commission: http://ec.europa.eu/consumers/safety/news/flame_retardant_substances_study_en.htm; PINFA: http://www.pinfa.eu/

EPA sets dioxin timetable

The EPA has set a deadline of end of January 2012 for completion of the non-cancer portion of its health risk assessment of dioxin. Its analysis will be posted to the Integrated Risk Information System (IRIS) by that date. After completing the non-cancer portion, the agency says it will finalise the cancer portion of the dioxin re-analysis as quickly as possible.

The decision to split the dioxin assessment into two parts follows a review report by the EPA's Science Advisory Board (SAB) in August 2011. This reanalysis responded to the recommendations and comments included in the National Academy of Sciences' (NAS) 2006 review of the EPA's 2003 draft dioxin assessment.

The SAB report indicates that the EPA selected the most appropriate scientific studies to support the non-cancer health assessment and the oral reference dose derived in the draft assessment. The SAB also commended the EPA for a clear and logical re-analysis that responded to many of the recommendations offered previously by the NAS. Specifically, the SAB acknowledged that the process the agency used to identify, review and evaluate the scientific literature was both comprehensive and rigorous, and the SAB report noted that “the criteria for study selection have been clearly articulated, well justified, and applied in a scientifically sound manner.”

While dioxin levels in the environment have been declining since the early seventies, dioxins remain a concern because they will continue to enter the food chain through releases from soils and sediments. They are covered by a number of federal and state regulations and cleanup actions. The EU is also reviewing its approach to regulation of EDCs, including dioxins.¹⁷

EPA: “EPA's Reanalysis of Key Issues Related to Dioxin Toxicity and Response to NAS Comments”, http://cfpub.epa.gov/ncea/CFM/nceaQFind.cfm?keyword=Dioxin; Science Advisory Board: http://yosemite.epa.gov/sab/sabpeople.nsf/WebCommittees/BOARD

China gets RoHS rules

China is to introduce new certification rules on toxic substances in electronic equipment from November. Guidance on what types of products are covered by the law was also issued.

Compliance with RoHS in China is currently voluntary, but the government may make it mandatory in the future. However, the law is not as stringent as its European equivalent, which was further strengthened in May. The Chinese regulations currently cover six substances including lead, mercury and cadmium.

The new rules, which are primarily aimed at products sold in China, will affect the certification procedure and requirements, fees and the types of products covered. The scope has been extended beyond just electronic information products and includes computer and telecommunication equipment, household electronics, chargers, speakers, batteries and insulation boards.

In Europe, the Commission has added a new exemption to the EU's RoHS directive and renewed one that expired in 2009. The new exemption covers lead used in some ceramic materials inside capacitors, which the Commission says is “technically impracticable” to replace. Use of cadmium in photoresistors for analogue audio equipment is to be allowed until 2014. The changes follow recommendations made in July.

China RoHS: http://www.rohs.gov.cn/; (English translation) http://www.ynpglobal.com/Onlinestore/china_rohs_2011.asp; RoHS exemptions: http://eur-lex.europa.eu/

Public & occupational health

Nuclear needs to state its case

Europe's nuclear industry needs to present a more convincing case on safety in the wake of the Fukushima crisis, in order to ensure it retains a major role in Europe's 2050 energy policy. Jean-Pol Poncelet, head of EU nuclear trade body Foratom, told a meeting in Brussels that the industry must do more to convince the public on safety. The sector needs public support, he added.

The association believes nuclear could continue to provide about a third of EU electricity demand by 2050. Mr Poncelet echoed calls for mandatory EU-wide nuclear safety regulation to replace national regimes, in part to boost public confidence. A nuclear safety directive adopted in 2009 introduces common standards but there is no mandatory EU licensing and safety regulation.¹⁸

Christian Egenhofer of the Centre for European Policy Studies said that Fukushima offered a chance to overcome the limitations of EU law on nuclear safety and liability. The EU will need to address the risk of cross-border radioactive fall-out from future accidents, including response plans and compensation rules, he added. Mr Egenhofer accused the EU of failing to address these issues and called for a revision of the Euratom treaty.

Jan-Horst Keppler, deputy head of nuclear development at the OECD, said Fukushima provided a new impetus to the need for better coordination between national regulators.

Meanwhile the European Commission is preparing to publish the results of so-called nuclear ‘stress tests’ ordered in the aftermath of the Japan disaster.¹⁹ Some countries have already declared they are willing to consider changes to the way their plants operate. Lessons are being learnt about improving resilience and addressing cliff-edge effects, according to the UK's progress report by the Office of Nuclear Regulation. “No fundamental weaknesses” have yet been found, it states. Spanish NGO Ecologistas en Accion said its country's stress tests were incomplete and had been carried out with a lack of stringency.

In a sign of what many consider to be a bleak outlook for commercial nuclear power, engineering giant Siemens announced that it is quitting the nuclear sector. In an interview with Der Spiegel, CEO Peter Löscher said the company was influenced partially by the Fukushima accident and its impact on the German political situation, but had already been restructuring and reducing its specialist nuclear businesses for several years.

Eurelectric: http://www2.eurelectric.org/Content/Default.asp?; World Nuclear News: http://www.world-nuclear-news.org/

Judges rule on GM bans

Continuing the tradition of European policy on genetically-modified (GM) crops being decided by the courts, the European Court of Justice has ruled that France did not follow correct procedures in suspending cultivation of the GM maize MON 810 in 2008.

France's top administrative court, the Conseil d'Etat, had asked the ECJ to interpret EU law in a case brought by Monsanto and a number of maize seed producers against the government. Backing legal advice given earlier this year,²⁰ the ECJ said that, in this case, the government should have resorted to emergency measures allowed under a 2003 regulation on GM food and feed, rather than the 2001 directive on the deliberate release of GMOs.

The environment ministry pointed out that the ECJ's ruling focused purely on the legal basis of the ban. It is ultimately for the French court to decide on the legality of the ban. If the Conseil d'Etat decides to annul the ban, the government will adopt a new emergency measure deemed legal by the ECJ, it added. In the meantime, the existing ban remains valid.

In a similar case, the ECJ has ruled that honey and food supplements containing pollen from GM crops cannot be sold on the market without prior approval under the 2003 regulation. The case was brought by a group of German beekeepers after MON 810 was found in honey produced by a Bavarian producer. The contamination occurred during field trials. The ruling is a significant blow to the European Commission's recent decision to relax its zero-tolerance policy on GM materials in animal feed.²¹

European Court of Justice: http://curia.europa.eu; French Ministry of Environment: http://www.developpement-durable.gouv.fr/

Research activities

Green innovation about more than CO₂ price

Governments hoping to stimulate green growth should not rely on pricing mechanisms alone, the OECD warns in a recent report. Countries need to invest in research and infrastructure improvement and help spread new technologies if they are to foster innovation.

“Recent experience suggests that carbon pricing contributes primarily to incremental innovation, which tends to increase efficiency but may result in growing consumption,” the OECD says. Personal transport is a good example. But publicly funded research is able to address more fundamental scientific challenges and helps develop riskier long-term technologies.

Governments should be technology-neutral but have a role in disseminating outcomes, strengthening the market for green technologies and changing public behaviour. Another way to foster green innovation without favouring particular technologies is to support broader infrastructure improvements, such as energy storage, computing and biotechnology research.

The report is the latest contribution to the OECD's green growth strategy delivered in May in preparation for next year's Rio + 20 summit.

In a similar vein, the Swiss government has unveiled a plan to increase the nation's share of environmental technology markets, which are expected to grow by 3–8% annually by 2020. The plan contains a series of measures aimed at removing barriers to innovation and increasing links between universities and companies. It also foresees regulatory action, such as recycling requirements, for a wider category of products. Switzerland's share of the global cleantech market has been shrinking since the 1990s. Its domestic industry currently employs around 160 000 professionals and generates about 3% of Swiss GDP.

OECD: “Fostering Innovation for Green Growth”, http://www.oecd.org; Swiss Green Tech plan: http://www.uvek.admin.ch/

A short history of the ozone hole

The ozone hole was back in the news this summer, with the World Meteorological Organization (WMO) reporting in August that signs of ozone depletion were again appearing over the Antarctic. A few months earlier, the Antarctic ozone hole was making headlines as scientists found that it was “creating rainfall in subtropical regions”.

While less of a political priority than it used to be, in fact the closing of the hole in the world's stratospheric ozone layer is still many decades away and the effects and interactions of ozone depletion on climate change are just starting to be understood.

The history and science of the ozone layer are explored in a new documentary by the OzonAction Programme. The Antarctic Ozone Hole: From Discovery to Recovery, examines the current state of the ozone layer, the effects of ozone depletion on climate change and the potential impact on communities worldwide.

Experts from NASA, the British Antarctic Survey, Colombia University and other leading ozone researchers are featured, offering hope and solutions to reducing ozone depletion. They show that the Montreal Protocol, which covers ozone depleting substances (ODS), can deliver immediate climate benefits. One hundred and ninety-six countries have signed up, making it the first environmental treaty to achieve universal ratification. All the world's governments are now legally obligated to phase out ODS.

“The Montreal Protocol is a great example of what can be accomplished if nations, industry, technologists and scientists all combine to work on a problem,” said Paul Newman from NASA's Goddard Space Flight Center.

UNEP: http://www.unep.org/ozonaction/virtualtour-new/Antarctic/tabid/56224/Default.aspx

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