application

ClientEarth v. Commission - application

Filing Year For Action

With the Taxonomy Regulation 2020/852, the European Union established the criteria for determining whether an economic activity qualifies as environmentally sustainable for the purposes of establishing the degree to which an investment is environmentally sustainable, with the aim of facilitating sustainable investment.

Articles 10(3) and 11(3) of the Taxonomy Regulation require the Commission to adopt delegated acts establishing the technical screening criteria for determining first the conditions under which a specific economic activity qualifies as contributing substantially to climate change mitigation or adaptation, and second whether that economic activity causes no significant harm to one or more environmental objectives.

In its Delegated Regulation 2021/2139, the Commission labeled bio-plastics and the use of forest-biomass for bio-energy as ‘green investments’, declaring these activities as substantially contributing to climate change mitigation or adaptation and as doing no significant harm to the environmental objectives.

According to ClientEarth, this label is unlawful because the Commission disregarded a number of essential elements of the Taxonomy Regulation, and because the Commission made manifest errors as to the scientific evidence concerning combustion of forest biomass for energy, as to the manufacture of OBCs and as to the manufacture of bioplastics.


ClientEarth v. Commission

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Using laws and the legal system more broadly to protect vulnerable entities

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

ClientEarth v. Commission - application

Just transition

Economic sector

Adaptation/resilience

Finance