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The submission by Alburnus Maior, ICDER, and Greenpeace Romania contends that Gabriel Resources Ltd. failed to conduct adequate due diligence on the feasibility of its Roșia Montană gold mine and ignored the rights of local communities. The authors argue the company violated the right to adequate housing through coercive land acquisition and failed to obtain necessary urban, archaeological, and environmental permits required by Romanian and EU law. They further claim the company attempted to bypass these legal requirements via a proposed 'special law' and used intimidation and misleading media campaigns to silence opposition. Legally, the submission asserts that the tribunal lacks jurisdiction because the dispute necessitates the interpretation of EU law, citing the Achmea precedent, and that the company's unlawful conduct disqualifies its activities as a protected investment under the Canada-Romania BIT.

The document finds that while some countries have improved their legal frameworks to combat deforestation, implementation remains weak due to corruption, lack of resources, and a failure to recognize the land rights of indigenous peoples and local communities (IPLCs). It highlights a strong correlation between high corruption and forest loss, and notes that illegal conversion for commercial agriculture—specifically palm oil, soy, paper/timber, and cattle—drives much tropical deforestation. While demand-side measures for timber are increasing in the EU, US, and Asia, similar measures for other commodities remain largely voluntary. The report also emphasizes the critical role of IPLCs in carbon storage, noting they manage 17% of total carbon in 64 assessed countries, yet face increasing violence and land grabbing due to insecure tenure.

The report finds that while some countries have strengthened forest laws, implementation remains slow and often undermined by corruption and a lack of political will. Illegal deforestation is driven largely by commercial agriculture, particularly in Brazil and Indonesia. Progress in recognizing the land rights of indigenous peoples and local communities (IPLCs) is slow, and these groups face increasing violence and criminalization. While some emerging economies in Asia are adopting regulations to curb illegal timber imports, overall forest governance remains fragile, particularly in poorer nations.

The briefing examines the application of penalties under the EU Timber Regulation (EUTR), concluding that current enforcement practices often fail to meet the EU legal standard of being 'effective, proportionate and dissuasive'. It highlights a prevalence of 'soft' enforcement approaches and a lack of transparency regarding sanctions, which creates an uneven playing field for companies. The document recommends the adoption of credible enforcement policies, increased public access to enforcement data, and the development of harmonised guidance on determining penalty levels.

In 2017, renewables generated 30% of Europe's electricity for the first time, with wind, solar, and biomass overtaking coal generation. However, overall EU greenhouse gas emissions rose by approximately 1% due to increasing electricity consumption and a significant drop in hydro generation, which was the lowest this century. While Western European nations like the Netherlands, Italy, and Portugal announced coal phase-outs, Eastern European countries continued to rely on coal. The report also highlights the impact of the EU Emissions Trading System (ETS) reforms and the ongoing negotiations of the Clean Energy for All Europeans package.

The paper analyzes various infrastructure banks, such as the European Investment Bank and the UK's Green Investment Bank, to identify effective financial instruments and operational models. It argues that infrastructure banks should prioritize financially viable, sustainable projects that offer high socioeconomic multipliers while avoiding the crowding out of private capital. Key recommendations include tapping capital markets, providing technical assistance for project preparation, and utilizing risk-sharing instruments to leverage limited public resources.

The brief finds that while 66% of EU cities have climate plans, there is significant disparity based on city size and national legislation. National mandates in countries like Denmark and the UK significantly increase the likelihood of cities having plans, while many cities in Spain and Italy rely on international networks like the Covenant of Mayors due to a lack of national guidance.

The briefing contends that the EU ETS phase 4 (2021-2030) fails to drive sufficient decarbonisation due to low carbon prices and excessive free allowances. It recommends that Member States implement national carbon floor prices, unilaterally cancel allowances following coal plant closures to avoid the 'waterbed effect', and redirect auctioning revenues toward a just transition. For the industrial sector, it advocates replacing free allocations with a carbon border tax and increasing the Linear Reduction Factor (LRF) to align with a 2040 or 2050 decarbonisation timeline.

EDP has committed to science-based targets to reduce scope 1 and 2 emissions from electricity production by 55% per TWh and scope 3 emissions by 25% by 2030, relative to 2015 levels. To achieve these, the company is expanding its renewable energy portfolio by at least 700 MW annually until 2020 and investing in energy efficiency, including the deployment of smart meters in Iberia and Portugal. EDP reports a 57% reduction in CO2 intensity compared to 2005 and aims for 75% by 2030. The company identifies political and regulatory uncertainties as primary challenges and advocates for transparent carbon pricing to accelerate the energy transition.

A coalition of Romanian NGOs urges the Minister of Environment to advocate for a strengthened Effort Sharing Regulation (ESR) during the Environment Council. The authors argue that the current ESR is insufficient to meet Paris Agreement goals and propose specific improvements, including higher emission reduction targets for 2030 and 2050, more accurate emission baselines, the removal of forestry and ETS loopholes, and stricter governance with financial sanctions.

The report introduces Integrated Energy Productivity (IEP), a metric that expands the traditional economic definition of energy productivity to include social and environmental benefits, weighed against fossil fuel energy inputs. Analyzing data from 2012 to 2014 for seven IFIs—ADB, EBRD, EIB, IDB, KfW/DEG, OPIC, and the World Bank—the study finds that while most energy investments are IEP-positive or relevant, energy efficiency projects are significantly underfunded, representing only 14% of energy portfolios. The report identifies a lack of standardized IEP targets across IFIs and recommends mainstreaming energy efficiency through operational safeguards and a joint IFI framework for tracking impact.

The document evaluates EU countries' positions on the Effort Sharing Regulation (ESR), which covers 60% of EU greenhouse gas emissions. Using a scoring system across five categories—starting point, land use loopholes, ETS surplus loopholes, governance, and ambition levels—it ranks Sweden as the leader and Poland as the lowest performer. The brief argues that most EU countries are pushing for loopholes that undermine the Paris Agreement, with the European Commission's own proposal scoring only 20 out of 100 points.

The EU Climate Leader Board ranks EU member states on their support for the Effort Sharing Regulation across five categories: starting point, ETS surplus loophole, land use loophole, governance, and ambition level. Sweden ranks highest with a score of 67, while Malta ranks lowest with a score of 2. The analysis concludes that no EU country is currently doing enough to make the regulation compatible with the Paris Agreement.

The report argues that the European Commission and various Member States are undermining the 2013 bans on four bee-harming pesticides, including neonicotinoids and fipronil, by exploiting a legal loophole for 'emergency authorisations'. Analysis of 62 notifications reveals that these authorisations are frequently granted without evidence of a genuine emergency, without considering alternative pest control methods, and are often driven by the pesticide and seed industry. The document highlights Romania as a primary example of this abuse, noting it granted one-third of all EU derogations for neonicotinoids between 2014 and 2016 despite evidence of bee colony losses and a lack of research into sustainable alternatives. The authors call for the Commission to increase transparency, systematically scrutinise notifications, and reject industry-led requests.

The document outlines Romania's legal framework for the EUTR, including the roles of the Ministry of Environment and Forests and the National Environmental Guard, the administrative penalty regime for operators and traders, and the challenges faced by NGOs in challenging authority inaction or operator legality.

The report examines the transition of the exhaustion of local remedies (ELR) rule from a customary international law requirement to one that is largely waived in modern investment treaties. It analyzes how tribunals interpret silence in treaties as a waiver and explores the legal distinctions between ELR as a jurisdictional versus procedural requirement. The document also details how ELR is applied as a substantive standard in denial of justice and expropriation claims, and concludes with recommendations for states to explicitly define ELR requirements and exceptions in their treaties to safeguard state sovereignty.

The document analyzes the 'exhaustion of local remedies' (ELR) rule, which requires foreign investors to seek redress in a host state's domestic courts before initiating international arbitration. It notes that while ELR is a cornerstone of customary international law and human rights law, it has been largely bypassed in international investment law, where silence in treaties is often interpreted as a waiver. The guide details various treaty practices—including explicit requirements, time-limited exercises of remedies, and express waivers—and reviews jurisprudence on whether ELR is a jurisdictional or procedural requirement. It concludes by providing policy recommendations for states wishing to reintroduce ELR to protect national sovereignty and strengthen domestic legal systems.

The document argues that EU climate tools must be reformed to support a low-carbon transition in Central and Eastern Europe, specifically calling for a 55% emission reduction target by 2030 and the phase-out of fossil fuel and nuclear energy subsidies.

A coalition of 29 European organizations calls for more ambitious EU climate regulations, specifically targeting the 2030 Effort Sharing Regulation (ESR) and the LULUCF regulation. The group advocates for a trajectory toward 95% emission cuts by 2050, the rejection of forestry offsets that undermine other sectors, and the mandatory accounting of wetlands to ensure the EU meets its Paris Agreement commitments to limit warming to 1.5°C.

A coalition of networks and organizations calls for an ambitious revision of the EU ETS to stop the use of Article 10c and the Modernisation Fund for fossil fuel capacity, particularly in Central and Eastern Europe. They advocate for a higher carbon price to disincentivize coal and the redirection of funds toward energy efficiency and renewable energy.