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s purchases scope 2 or indirectly from its value chain or the purchase and use of its products scope 3 it emphasised the serious and irreversible consequences of dangerous climate change in the netherlands pose a threat to the human rights of dutch residents 432 after this loss shell dropped royal dutch from its name and moved its headquarters to london 433 in lliuya v rwe ag mr lliuya who lives in huaraz peru has claimed that rwe ag should pay 0 47 of the costs of flood defences against a melting mountain glacier that increases the size of lake palcacocha because rwe is responsible for 0 47 of historic global greenhouse gas emissions the higher regional court of essen gave leave to appeal on whether there is causation of damage and in 2022 visited the lake 434 there has also been heightened responsibility on member state governments in urgenda v state of netherlands the dutch supreme court held the dutch government must reduce greenhouse gas emissions by 25 before 2020 following the ipcc 2007 minimum recommendations and that failure to do so would violate the right to life and home in echr articles 2 and 8 435 in the klimaschutz case the german constitutional court held that the german government must speed up its climate protection measures to protect the rights to life and the environment under the grundgesetz 1949 articles 2 and 20a 436 however the eu and member states have so far failed to codify liability to prevent pollution and climate damage by corporations that profit 437 and the eu emissions trading system has failed to adequately price carbon for the damage it causes prices traded under 98 per metric ton until the end of 2022 438 deforestation in europe has been driven by biomass being classified as renewable 439 even though burning wood for power pollutes the air and harms human health more than coal and drives climate damage 440 as clean energy from wind solar or hydro storage replaces pollution from gas oil and coal eu law has standards for generation and distribution networks first in generation the renewable energy directive 2018 still enables biomass and biofuel to count toward renewable energy statistics based on the argument that trees or plants absorb greenhouse gases when they grow 439 even though biomass burning usually in ex coal plants releases more greenhouse gases than coal biomass transport is not clean forests take decades to replenish and smoke damages human health second the eu does not yet have a feed in tariff system requiring energy grids and retailers to pay a fair price to households or businesses with solar or wind generation however in preussenelektra ag v schleswag ag the court of justice held that member states could fix any price they chose so that energy companies would have to reimburse producers for the energy they received a company now owned by e on claimed the feed in tariff was state aid under tfeu article 107 and should have to pass rules for exemption as a way to hinder renewable energy funding the court rejected this because although the policy might have negative repercussions for big energy companies it cannot be regarded as giving to small producers a particular advantage at the expense of the state 441 the eu s wind solar and hydro sectors remain a minority but growing share of energy it has not yet given a deadline to shut down all gas oil and coal although some member states have required fossil fuel companies to convert such as denmark s ørsted the third main set of standards is that the eu requires that electricity or gas enterprises acquire a licence from member state authorities 442 there must be legal separation into different entities of owners of networks from retailers although they can be owned by the same enterprise to ensure transparency of accounting 443 then different enterprises have rights to access infrastructure of network owners on fair and transparent terms 444 as a way to ensure different member state networks and supplies can become integrated across the eu most eu operators are publicly owned and the court of justice in netherlands v essent nv emphatically rejected that there was any violation of eu law on free movement of capital by a dutch act requiring electricity and gas distributors to be publicly owned that system operators could not be connected by ownership to generators and limited the level of debt 445 the court of justice held a public ownership requirement was justified by overriding reasons in the public interest to protect consumers and for the security of energy supply 446 it further pointed to the foundational case of costa v enel where the court held in 1964 that the treaties do not prohibit the creation of any state monopolies so long as they do not operate commercially and discriminate 447 the approach of eu law is that even where energy companies are privatised they still are subject to the same rules as the state on direct effect because it remains that they are providing a public service 448 the evidence suggests consumers pay lower electricity net of tax prices in countries where there are still incumbents owned by national governments 449 with the sharp rise in fossil fuel prices that came from the 2022 russian invasion of ukraine and the fossil fuel cartel opec deciding to restrict supply the eu commission proposed a windfall fossil fuel tax 450 there are not yet common standards on energy enterprise governance although a number of member states ensure that workers and energy bill payers have the right to vote for directors 451 agriculture forestry and water edit v t e eu food and water sources udhr 1948 art 25 icescr 1966 art 11 cfreu 2000 art 37 tfeu arts 4 13 38 44 management and financing reg eu no 1306 2013 arts 4 5 and 91 101 direct payments regulation eu no 1307 2013 arts 9 11 and 32 46 rural development regulation eu no 1305 2013 wachauf v federal republic of germany 1989 case 151 78 cheminova a s v commission 2009 ecr ii 02685 agricultural products regulation eu no 1308 2013 agricultural unfair trading practices directive 2019 633 food safety regulation ec no 178 2002 timber regulation eu no 995 2010 habitats directive 92 43 eec birds directive 2009 147 ec arts 2 4 water framework directive 2000 60 ec arts 4 9 urban waste water treatment directive 91 271 eec drinking water quality directive eu 2020 2184 arts 4 5 and annex i bathing waters directive 2006 7 ec arts 3 5 commission v spain 2003 c 278 01 see european union law see also common agricultural policy common fisheries policy greenhouse gas emissions from agriculture and water supply and sanitation in the eu everyone has the right to food and water 452 and under the charter of fundamental rights of the eu the improvement of the quality of the environment must be integrated into the policies of the union 453 the common agricultural policy s origins lay in ensuring that all farm workers had fair wages and everyone had food since in 1960 a third of employment and a fifth of gdp was in agriculture 454 and after ww2 europe had been on the brink of starvation in 2020 the agricultural workforce was 4 2 of the eu total 455 the cap s objectives are still to increase production a fair standard of living for the agricultural community to stabilise markets and supplies and reasonable prices for consumers 456 in 2021 the cap was 33 1 of the entire eu budget at 55 1 billion however there are no requirements for subsidies to be used so that farm workers as opposed to owners have fair pay scales few requirements for rural development and minimal standards for environmental improvement the common agricultural policy is 33 of the eu budget but does not yet require fair wages for farm workers that production stops using fossil fuels or that reforestation and rewilding takes place the cap has three main parts first the european agricultural guarantee fund distributes direct payments 457 which are 70 9 of the cap budget the direct payments regulation 2013 gives payments to an active farmer that carries out agricultural activity grazing or cultivation does not operate airports rail waterworks real estate sport or recreation grounds and has the land at their disposal 458 the farm must have at least 1 hectare and receive 100 for each though member states can set higher thresholds e g 5 hectares and 200 459 if payments reach over 150 000 there is a 5 reduction per hectare for each hectare 460 this favours large farm corporations and the largest 1 typically receive around 10 to 15 of all subsidies in member states as conditions of receiving subsidies farms can be required to keep land in good condition for public animal and plant health and maintain environment standards 461 for minimal biodiversity farmers must have over two crops if they have 10 hectares not farm at least 5 of lintensively an ecological focus area over 15 hectares and have three crops over 30 hectares 462 environmentally sensitive grasslands as designated by the habitats directive 1992 and the wild birds directive 2009 should not be more turned into more than 5 agricultural area 463 the second main part also carried out by the eagf is market measures under the agricultural products regulation 2013 certain crops and meat are eligible for purchase by member state authorities to be stored by them until disposed of with extra aid for storage 464 the goal of this is to restrict supply and therefore raise prices particularly in response to unexpected drops in demand a health scare or international market volatility in 2018 this was 4 59 of the cap budget the benefits of many of these subsidies go to the parties in the food supply chains with most bargaining power which is usually supermarkets the agricultural unfair trading practices directive 2019 article 3 prohibits practices such as late payments by buyers of food to suppliers cancellations at short notice unilateral alteration of terms threats of commercial retaliation and payments by suppliers to the buyers i e from farmers to supermarkets for stocking adverts marketing or staff 465 these rules limit supermarkets abuse of a dominant position but do not ensure subsidies reach farm communities the food safety regulation 2002 article 14 requires that food is not place on the market if it is injurious to health or is unfit for human consumption but there is no requirement that supermarkets or others eliminate harmful packaging such as plastic the third main part administered by the european agricultural fund for rural development is rural development payments 466 which are 24 4 of the cap budget following the europe 2020 strategy by promoting sustainable rural development payments are made for knowledge transfer advice asset investment and business development aid 467 priorities may include improving water and energy use 468 the courts give the eu a wide discretion to implement policy so judicial review is possible only if agricultural measures are manifestly inappropriate 469 eu law does not yet have a systematic plan or subsidies to rewild depleted environments and to move to complete clean energy infrastructure forests like the wörschachwald in austria once covered 80 of europe but now cover only 43 5 of eu land there is no plan yet to reforest and rewild the continent in the agriculture budget outside farms forests cover just 43 52 of the eu s land compared to 80 forest cover historically across europe 470 there is no requirement yet to undertake any reforesting or rewilding of land while the land use and forestry directive 2018 merely requires that member states keep accounts of land use and forestry changes based on greenhouse gas emissions and that emissions do not exceed removals of greenhouse gases 471 globally the timber regulation 2010 requires that all timber traders know their supply chains and keep records for 5 years to ensure that any illegally harvested timber is banned in the eu law 472 however there is not yet any ban on imports of goods such as beef or palm oil from countries that continue to deforest their landscape for water resources in nature or for drinking the water framework directive 2000 sets common standards and provides that member states should oversee water industry standards 473 the drinking water quality directive 2020 requires water that is wholesome and clean and article 4 defines this as free from micro organisms and parasites dangerous to health and compliant with chemical and biological standards in annex i 474 the bathing waters directive 2006 sets standards for quality of bathing waters namely riviers and beaches to be free from toxic waste or sewage 475 there must be adequate remedies for breaches so in commission v united kingdom 1992 it was held that the uk s approach of accepting undertakings from water companies to behave better in future instead of using enforcement orders was inadequate to comply with eu law 476 fines can be and often are significant ranging into hundreds of thousands or millions of euros for breach 477 transport and buildings edit main articles transport in the european union and high speed rail in europe v t e eu transport sources udhr 1948 art 27 and icescr 1966 art 15 1 b cfreu 2000 arts 27 and 36 renewable energy directive eu 2018 2001 arts 24 27 vehicle emissions regulation 715 2007 ec 2 6 13 annex emission performance regulation ec 443 2009 arts 1 10 commission v germany 2007 c 112 05 asociación profesional élite taxi v uber spain sl 2017 c 434 15 road transport regulation ec no 561 2006 driving licenses directive 2006 126 ec heavy vehicle emission regulation eu 2019 1242 bus passenger rights regulation eu no 181 2011 art 19 single european railway directive 2012 34 eu r hs2 action alliance ltd v ss for transport 2014 uksc 3 rail passenger rights regulation ec no 1371 2007 arts 3 29 annex i flight compensation regulation ec no 261 2004 see european union law clean road rail sea and air transport are fundamental goals of the eu given its commitment to human rights for improvement of the quality of the environment services of general economic interest 478 and the right to the benefits of scientific progress 479 however the pace of reform is slow compared to the urgency of reversing global heating the renewable energy directive 2018 article 25 requires that final energy consumption in transport in each member state is at least 14 renewable by 2030 480 this is within the 2030 target for 32 share of energy from renewable sources in the union s gross final consumption of energy 481 in 2022 the eu promised to ban sale of new petrol and diesel vehicles only by 2035 enabling manufacturing corporations to profit from toxic emissions for another 13 years 482 though many member states have higher standards there is not yet a plan for full rail electrification or clean shipping or air travel even where technology exists the market share of plug in electric vehicles in europe was 19 in 2021 in the dieselgate scandal firms such as volkswagen fiat bmw and renault engaged in mass fraud to conceal toxic...
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