scholarly journals The legal and regulatory framework for the EU’ shale gas exploration and production regulating public health and environmental impacts

2016 ◽  
Vol 2 (1) ◽  
pp. 1-28 ◽  
Author(s):  
Joseph Tawonezvi
2016 ◽  
Vol 60 (4) ◽  
pp. 29-37
Author(s):  
I. Pashkovskaya

The article presents a study of the EU energy policy regarding the exploration and production of shale gas and other unconventional fossil fuels using high-volume hydraulic fracturing, which the European Commission has developed since 2011. The author gives answers to the following questions: what are the factors making it inevitable for the EU to work out special energy policy in this sphere, and what is the essence of this policy; what the European Commission considers to be positive results of the EU energy development; what is the energy-related sore point of the EU economy? The European Commission activity for constructing the basis of the EU energy policy in the above-mentioned sphere was provoked and stimulated by the shale gas revolution – spectacular success of the USA and a number of countries, which followed them, in enhancing their national energy security due to the implementation of advanced technologies in shale gas exploration and extraction. In 2012–2013, the European Commission hold an online public consultation “Unconventional Fossil Fuels (e.g. Shale Gas) in Europe” which addressed relevant stakeholders representing oil and gas industry, national and local authorities, environmentalists, geologists, scientists, experts in industrial risks, and was aimed at taking account of their concerns and views on the shale gas production in the EU Member States in its upcoming work. According to the consultation results, a large majority of all respondents share the view that «the EU should take some action: "doing nothing" was the least favored option, ... and… there are important information needs associated with unconventional fossil fuels exploration and extraction, and… potential challenges should be addressed with appropriate measures». In 2014, the European Commission, stimulated by the support of public at large, activated its efforts and presented initiatives laying down the foundations of the EU energy policy in the sphere of shale gas and other unconventional fossil fuels exploration and production in the EU Member States.


Author(s):  
Anniek de Ruijter

This book describes the expansion of EU power in health care and public health and analyses the implications of this expansion on EU health values and rights. The main conclusion of the book is that the EU is de facto balancing fundamental rights and values relating to health, implicitly taking on obligations for safeguarding fundamental rights in the field of health and affecting individuals’ rights sometimes without an explicit legal competence to do so. This brings to light instances where EU health policy has implications for fundamental rights and values without the possibility to challenge the exercise of power of the EU in human health. This begs the question of whether subsidiarity is still the most relevant legal principle for the division of powers and tasks among the Member States, particularly when EU policy and law involves the politically sensitive areas of health care and public health. This question draws out the parameter for continuing the debate on the role of the European Union in promoting its own values and the wellbeing of its peoples, in light of its ever-growing role in human health issues.


2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
H Vilaça

Abstract The Regulation responds to legislation failures in the European regulatory framework on medical devices (MD), which in turn led to public health issues. Two media scandals triggered the final actions on the elaboration of this EU Regulation, which was already being thought off in a context of fast MD development, and on the commitment of member-states to harmonize legislation in order to better manage resources. This Regulation is expected to address detected gaps, and contribute to the protection of European citizens' health by ensuring high quality and safety of MD, through advocating for more transparency, vigilance, and traceability. A technique to evaluate policies is the implementation analysis, as it links theory and practice. By understanding it, it is possible to ascertain if, in fact, the Regulation will contribute, as proposed, to improve public health. The implementation analysis framework I developed can be used in other countries affected by this Regulation, and may even be extrapolated to other scenarios. Entry into force 25/05/17.Full application 05/20. This qualitative study uses document analysis and semi-structured interviews to collect data, and literature review to frame the situation and to study implementation analysis. The questions are: identify the facilitators and resistance points of the implementation; explore perceptions of the Portuguese MD distributors; understand the policy implementation pathway; and have a picture of the implementation status in Portugal. The results can be summarized as: implementers are interested in complying with the Regulation; there is stakeholder involvement in policy making and throughout the implementation process; the main points of resistance, difficulties and the facilitators are identified; and the Regulation is being implemented according to the timelines. The public health action brought by the policy is that each economic operator is an active actor on vigilance and patient safety across MD lifecycle. Key messages If we are interested in the extent to which a particular polity is able to solve the problems with which it is confronted, we need to study the way in which the law is executed in practice. Focus on the effective implementation of the new regulatory framework on medical devices to protect patients and ensure it addresses new and emerging challenges.


2021 ◽  
pp. 145507252199570
Author(s):  
Marjut Salokannel ◽  
Eeva Ollila

Background: Use of snus and snus-like nicotine products is increasing, in particular among young people, in several Nordic countries and Estonia, while snus is legally on the market only in Sweden and Norway. Snus is available in a great variety of tastes and packaging particularly catering for young users. Recently, strong snus-resembling nicotine pouches have emerged on the market. This research investigates the regulatory means to counteract this development. Methods: European Union (EU) and national tobacco control legislation, case law of the European Court of Justice (CJEU) and relevant public health studies are analysed. Results: The research finds that the judgement of the CJEU relating to the sale of snus on Finnish ferries has not been enforced. Permitted large traveller imports for personal use have contributed to wide availability of snus in Finland. Even if the legislation in Sweden is in conformity with the exemption it obtained in the Accession Treaty, the public health impact of snus use for young people in its neighbouring countries has become considerable. Nicotine pouches, -which are not regarded as medical products in terms of medicine legislation, lack harmonised EU-wide regulation. Controlling smuggling across open borders is challenging. Conclusions: The legislation at the EU and national levels should be able to protect young people from new tobacco and nicotine products. It is urgent to harmonise regulation relating to new tobacco and nicotine products taking as a base a high level of protection of health as required in the Treaty on the Functioning of the EU.


2021 ◽  
Author(s):  
Heng Wang ◽  
Lifa Zhou

<p>Hydraulic fracturing is one of the key technologies to stimulate shale gas production and may have some environmental impacts while enhancing shale gas development. Through the introduction of hydraulic fracturing technology from the design and construction aspects, analysis of its potential adverse environmental impacts in water resource consumption, surface water and groundwater pollution, geological disasters, and other aspects, and based on the existing problems to form targeted solutions.</p><p>According to EIA report, during the stimulation process of shale gas fracturing, the amount of water resources is about 10,000m<sup>3</sup>, of which 20%-80% can be returned, and the flowback rate of Shale gas in China is 20%-60%, which means that at least 20%-40% polluted water containing various chemical raw materials will be hidden in the formation for a long time. The shale flowback rate in China is significantly lower than that in the United States, not only due to formation conditions, but also due to equipment and technology. In view of this situation, it is necessary to control the whole process from design to construction.</p><p>In the design process of hydraulic fracturing of shale gas, real-time control of the fracture range is carried out in conjunction with seismic monitoring and software simulation fitting, so as to reduce the consumption of water resources on the premise of achieving the purpose of increasing production. Especially, to reducing the fracturing program as much as possible in the water-scarce areas, so as to ensure the security of public water resources. Reduce the use of chemical additives to alleviate the pollution of surface water and groundwater. After detection of possible pollution, determine the amount of pollution sources on site and carry out comprehensive pollutant recovery and treatment. Strictly prohibit high-risk pollution sources from entering the fracturing fluid process. At the same time, the fracturing fluid is used to recycled and purified. In terms of geological disasters caused by fracturing, high-risk geological disaster zones should be identified and monitored in advance to prevent large-scale geological activities caused by micro-earthquakes caused by fracturing from causing uncontrollable geological disasters.</p>


2017 ◽  
Vol 2 (Suppl. 1) ◽  
pp. 1-8
Author(s):  
Denis Horgan ◽  
Walter Ricciardi

In the world of modern health, despite the fact that we've been blessed with amazing advances of late - the advent of personalised medicine is just one example - “change” for most citizens seems slow. There are clear discrepancies in availability of the best care for all, the divisions in access from country to country, wealthy to poor, are large. There are even discrepancies between regions of the larger countries, where access often varies alarmingly. Too many Member States (with their competence for healthcare) appear to be clinging stubbornly to the concept of “one-size-fits-all” in healthcare and often stifle advances possible through personalised medicine. Meanwhile, the legislative arena encompassing health has grown big and unwieldy in many respects. And bigger is not always better. The health advances spoken of above, an increased knowledge on the part of patients, the emergence of Big Data and more, are quickly changing the face of healthcare in Europe. But healthcare thinking across the EU isn't changing fast enough. The new technologies will certainly speak for themselves, but only if allowed to do so. Acknowledging that, this article highlights a positive reform agenda, while explaining that new avenues need to be explored.


2018 ◽  
Vol 29 (1) ◽  
pp. 131-147 ◽  
Author(s):  
Eduardo Botti Abbade

Purpose The purpose of this paper is to investigate the associations between obesogenic severity, the public health situation, environmental impacts, and health care expenditures in populations worldwide. Design/methodology/approach This ecological study is based on official data available for approximately 140 countries worldwide. This study defines four main variables: obesogenic severity, environmental impact, public health implications (PHI), and health expenditures, all measured through specific indicators. Data were obtained mainly from the WHO, World Bank, and IDF. The indicators were reduced to the main variables through factorial reduction and multiple regression analyses were used to test the main hypotheses. Findings Obesogenic severity strongly and positively affects environmental impacts (β=0.6578; p<0.001), PHI-1 (cardiovascular risk factor) (β=0.3137; p<0.001) and PHI-2 (blood glucose and diabetes diagnoses) (β=0.3170; p<0.001). Additionally, environmental impacts strongly and positively affect PHI-1 (β=0.4978; p<0.001) but not PHI-2. Thus, results suggest that environmental impact, PHI-1, and PHI-2 strongly affect health expenditures (β=0.3154; p<0.001, β=0.5745; p<0.001, and β=−0.4843; p<0.001, respectively), with PHI-2 negatively affecting the health expenditures. Practical implications This study presents evidence that can aid in decision making regarding public and private efforts to better align budgets and resources as well as predict the needs and expenditures of public health care systems. Originality/value This investigation finds that the main variables addressed are strongly associated at the worldwide level. Thus, these analytical procedures can be used to predict public health and health care cost scenarios at the global level.


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