Peeters, Marjan; Sghaier, Mongi; Arbi, Abdeladhim Mohamed; Tonneau, Jean-Philippe; Ounalli, Nadia; Jeder, Houcine; Bonin, Muriel --- "The Regulatory Approach of the EU in View of Liability for Climate Change Damage" [2011] ELECD 263; in Faure, Michael; Peeters, Marjan (eds), "Climate Change Liability" (Edward Elgar Publishing, 2011)

Book Title: Climate Change Liability

Editor(s): Faure, Michael; Peeters, Marjan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849802864

Section: Chapter 5

Section Title: The Regulatory Approach of the EU in View of Liability for Climate Change Damage

Author(s): Peeters, Marjan; Sghaier, Mongi; Arbi, Abdeladhim Mohamed; Tonneau, Jean-Philippe; Ounalli, Nadia; Jeder, Houcine; Bonin, Muriel

Number of pages: 44

Extract:

5. The regulatory approach of the
EU in view of liability for climate
change damage
Marjan Peeters

1. INTRODUCTION

In the course of developing a European climate change policy package,
a variety of regulatory approaches have been established by the EU leg-
islature. These measures target directly and indirectly a wide range of
different greenhouse gas emitting sources, and aim at an overall reduction
of greenhouse gas emissions by 20 per cent in 2020 compared to 1990
emission levels.1 If full compliance with the obligatory emission reduction
measures is reached by the covered sources, they will by nature be contrib-
uting less to the overall problem of global warming and its possible forth-
coming damage compared to actors in legal systems where less intensive
or no obligatory emission reductions are provided and where industries
and other sources fail to make substantial voluntary efforts. Within the
given regulatory framework of the EU, it will however be the case that
some actors face stricter regulatory obligations than others.2 In fact, there
has already been a case before the European Court of Justice about the
question of why one sector (the steel sector) was covered by the principal
regulatory instrument known as the EU Emissions Trading Scheme (EU
ETS), but another competing sector (the aluminium sector) was not.3 The
court allowed however in principle the gradual expansion of such a regu-
latory instrument, which means that not all the sources will be covered at
the same time by the same ...