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ClientEarth critiques the European Commission's 2017 fishing opportunity proposals, asserting that using FMSY point values as targets rather than limits fails to meet the legal requirement to maintain fish populations 'above' levels capable of producing MSY. The organization highlights a decline in stocks within safe biological limits between 2013 and 2014 and criticizes the Commission's Article 50 report for being misleading and lacking data on biomass levels. Furthermore, ClientEarth warns that quota top-ups for the landing obligation could increase fishing mortality if not strictly based on validated discard data. The response calls for clearer quantitative criteria for socio-economic derogations and a more transparent, comprehensive reporting framework for the landing obligation.

ClientEarth and partners argue that climate change poses material financial risks to fossil fuel companies, potentially rendering a significant portion of reserves 'stranded'. They call on ESMA to enforce consistent regulatory reporting of these risks under the Transparency and Accounting Directives, aligning with global efforts like the Task Force on Climate-related Financial Disclosures.

The document argues that the proposed Trade Secrets Directive lacks sufficient clarity and scope limitations, potentially chilling the activities of journalists, whistleblowers, and workers' representatives. It specifically calls for protections for disclosures related to public health and the environment, alignment with the UN Aarhus Convention, and safeguards to ensure that employees' honestly acquired skills are not classified as trade secrets.

The document discusses a legal dispute between the European Parliament, the European Commission, and the Council of the European Union over whether multiannual fisheries plans require co-decision. It highlights a Court ruling that such plans involve policy choices and must therefore be adopted by both the Parliament and the Council under Article 43(2) TFEU, rather than by the Council alone under Article 43(3) TFEU.

The EU Timber Regulation (EUTR) requires operators to exercise due diligence to prevent illegally harvested timber from entering the EU market. Because absolute certainty regarding legality is often unattainable due to remote harvest points and inaccessible laws, the EUTR employs a risk-based approach. This framework consists of three mandatory steps: accessing information on the supply chain, assessing the risk of illegality, and implementing risk mitigation measures if the risk is greater than negligible. Timber can only be placed on the market if the risk is 'close to zero (negligible)'. While the framework's parameters are fixed, the specific measures an operator takes must be proportional to the context, such as the degree of risk, available information, product complexity, and the reliability of certification. Certification is not a proxy for compliance; operators must still conduct due diligence and evaluate the veracity of certification tools.

The handbook explains the legal framework of the EU Air Quality Directive, emphasizing the enforceability of 'limit values' for pollutants like NO2 and PM10. It details how citizens and NGOs can use the Aarhus Convention's pillars—access to information, public participation, and access to justice—to challenge inadequate air quality plans and government inaction in national courts. The document also outlines the European Commission's infringement procedures and the 'Fresh Approach' to tackling systemic breaches of air quality standards across Member States.

The document outlines the risk-based due diligence framework of the EU Timber Regulation (EUTR), detailing the three-step process of information access, risk assessment, and risk mitigation. It emphasizes that while the legal framework is mandatory, the specific measures taken by operators can be flexible depending on the risk level, product complexity, and available information.

The document outlines the risk-based due diligence framework required by the EU Timber Regulation (EUTR). It details a three-step process—information gathering, risk assessment, and risk mitigation—while emphasizing that the specific measures taken must be proportionate to the identified risks and situational context.

The document outlines the mandatory due diligence framework of the EUTR, which requires operators to collect information, assess the risk of illegal timber, and mitigate those risks. It argues that a risk-based approach is necessary because absolute certainty regarding timber legality is often unattainable due to information gaps and distance from harvesting sites. The guide emphasizes that while the legal framework is fixed, the specific measures an operator takes should be proportionate to the identified risk level, product complexity, and available information.

The document outlines the legal obligations under Article 2(2) of the CFP basic regulation to manage fish stocks to achieve maximum sustainable yield (MSY). It asserts that to meet this objective, exploitation levels must be set below FMSY, as fishing at the average FMSY point only leads to biomass being above BMSY 50% of the time. The briefing emphasizes a timeline where MSY-based exploitation rates should have been achieved by 2015 where possible, and must be achieved on a progressive basis by 2020 at the latest. It argues that any derogation or delay in achieving these rates requires concrete, evidence-based explanations. While Recital 7 suggests delays may be justified if MSY rates would "seriously jeopardise the social and economic sustainability of the fishing fleets involved", the document clarifies that this requires a significant risk to the fleet's future rather than mere fluctuations in economic conditions. The author recommends that the Commission issue clear guidelines on what constitutes a justifiable delay and who must provide the supporting evidence.

The report examines the legal requirements of the CFP Basic Regulation regarding Maximum Sustainable Yield (MSY). It argues that to achieve the objective of restoring and maintaining stocks above MSY levels, fishing mortality rates must be set below FMSY, treating FMSY as a limit rather than a target. The document identifies failures in the 2015 TAC Regulation and the Baltic Sea multiannual plan proposal, and recommends that all EU fisheries management, financial aid, and international negotiations be strictly aligned with the 2015/2020 FMSY requirement.

The document asserts that the proposed Baltic MAP is legally inconsistent with the CFP basic regulation because it does not guarantee the restoration and maintenance of fish stocks above levels capable of producing maximum sustainable yield (MSY). It specifically criticizes the phrasing 'aim at contributing to the objectives' as allowing for failure to meet CFP goals and argues that the upper limits of proposed exploitation ranges exceed the fishing mortality rate (FMSY) required to restore stocks. The briefing recommends accepting European Parliament amendments to Article 3(1) of the Baltic MAP to ensure legal compliance.

The report analyzes the legal processes for converting forests in the Republic of Congo into agricultural or mining land. It highlights a critical lack of a national land-use plan, which leads to overlapping land use and insecurity. The document details the requirements for declassifying permanent forest estates and obtaining deforestation permits, while arguing that the rights of local communities and indigenous people (LCIP) are insufficiently protected. It also notes that the Voluntary Partnership Agreement (VPA) does not adequately cover the legality of conversion timber.

The document analyzes the legal necessity of social responsibility agreements (SRAs) across various logging permits in Ghana, concluding that all permit types recognized as legal sources of timber under the EU-Ghana VPA require SRAs.

The report details a three-year project (April 2012 to September 2015) funded by the UK Department for International Development to empower civil society organisations (CSOs) and indigenous people and local communities (IPLC) in West and Central Africa. The project focused on increasing access to forest legislation, creating legal knowledge networks through Legal Working Groups (LWGs), and developing diagnostic tools to analyse the recognition of six focus rights: access to information, participation in decision-making, access to justice, property rights, rights of use, and the right to a share in profits. Key outcomes included the creation of legal databases, the provision of legal training, and the drafting of legislative proposals to improve forest governance and the implementation of Voluntary Partnership Agreements (VPAs) and the EU Timber Regulation (EUTR).

The briefing explains that under the EU Timber Regulation (EUTR), operators must exercise due diligence to minimize the risk of illegally harvested timber entering the EU market. While official documentation—such as permits issued by public authorities or government-accredited schemes like Indonesia's SVLK—is a common tool, the document asserts that it is not sufficient on its own for compliance. It highlights several risks that undermine the reliability of official papers, including forgery, corruption in permit allocation, the use of outdated permits, and a lack of enforcement or monitoring on the ground. To mitigate these risks, the briefing recommends that operators and Competent Authorities supplement official documents with data from NGOs, research institutes, public bodies, and satellite imagery, while maintaining detailed records of their risk assessment procedures.

The document argues that the UK is falling behind global standards in environmental law enforcement and advocates for systemic legal reforms to increase citizen access to justice and the use of strategic litigation to protect the environment.

The report evaluates the initial phase of Defra's revised approach to fishing in European Marine Sites in England, specifically analyzing 17 new 'red risk' byelaws. While acknowledging progress in protecting over 5,680 square km from bottom-towed gear, the authors identify significant legal failures where socio-economic interests were prioritized over environmental obligations. Key concerns include the inadequate protection of Sabellaria spinulosa reefs due to a focus on 'core' areas rather than historical distribution, and the lack of 'lashed and stowed' gear requirements in several byelaws, which hinders enforcement. The report recommends a strict application of the precautionary principle for the next phase, particularly regarding sandbank features in Special Areas of Conservation (SACs).

The document examines how transparency serves as a compliance mechanism in EU fisheries management. It analyzes the legal obligations of EU institutions and Member States under the Treaty on European Union, the Access to Information Regulation, and the Aarhus Convention, specifically as they apply to the CFP, EMFF, and CMO. The briefing identifies specific publicity and reporting requirements, such as the Union fishing fleet register and MSY progress reports, while recommending greater transparency regarding the names of natural persons receiving EMFF funding and mandatory production method labelling for aquaculture products.

The document discusses the implementation of the landing obligation under the new Common Fisheries Policy, emphasizing that it is not a blanket ban but a partial obligation with specific exemptions and flexibilities. It argues that these mechanisms must be managed lawfully to avoid undermining the goal of Maximum Sustainable Yield (MSY).