1 overview of eu environmental legislation – parti overview of eu environmental legislation –...

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Overview of EU environmental Overview of EU environmental legislationlegislation – Part – Part II

EU Environmental Legislation2.VII.2008

Warsaw, Poland

““Business Support Programme for Bulgaria, Romania, Croatia and TurkeyBusiness Support Programme for Bulgaria, Romania, Croatia and Turkey””

BSP 2007/142-722

EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 2

Workshop outline - Part IWorkshop outline - Part I

EU legislative processes Waste legislation Air Pollution legislation Effluent and water legislation Where to find information


EU legislative processEU legislative process

1. Regulations which are directly applicable in each Member State

2. Directives, which must be transposed into the law of Member States by national legislation within designated time limits unless

the objectives they seek to achieve have already been met by the law of a Member State.

3. Decisions directly binding on persons to whom they are addrssed.

Not used often in environmental matters.4. Recommendations and Resolutions

not legally binding but which exert moral and political pressures.


Instruments of the EUInstruments of the EU

LIFE Programme – financial instrument Eco-labelling Environmental Management and Auditing Assessment of effects of public & private projects Environmental inspections criteria Environmental taxes

EU legislative processEU legislative process


EU EnlargementEU Enlargement

Existing Community environmental law to be transposed into national legislation of CEEC.

Assistance under bilateral programmes, namely PHARE and LIFE.

Pre-accession structural instrument PASI. Participation in European Environment Agency and

EIONET.


PrinciplesPrinciples of of EEUU Legislation Legislation

• “Polluter Pays” Principle• “Proximity” Principle• “Precautionary” Principle

PrinciplesPrinciples of of EEUU Legislation Legislation


EU Waste legislationEU Waste legislation

The European Union's approach to waste management is based on three principles: Waste prevention Recycling and reuse Improving final disposal and monitoring


EU EU Waste Waste llegislationegislation

Framework waste legislation 2006/12/EC Framework Directive on Waste 91/689/EEC Hazardous Waste Decision 2000/532/EC List of wastes Regulation No 1013/2006 – Shipments of Waste

Other important waste legislation 94/62/EEC and 2005/20/EC Packaging Waste Directive 2002/96/EC on WEEE


2006/12/EC Framework Directive on Waste2006/12/EC Framework Directive on Waste

Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste consolidates and replaces Directive 75/442/EEC as subsequently amended.

The aim of this consolidation is to clarify and rationalise the legislation on waste but it does not change the content of the applicable rules.


2006/12/EC Framework Directive on Waste2006/12/EC Framework Directive on Waste

Main topics: Member States shall take appropriate measures to encourage:

the prevention or reduction of waste production and its harmfulness the recovery of waste by means of recycling, re-use or reclamation or

any other process with a view to extracting secondary raw materials Member States shall take the necessary measures to ensure that

waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment

Member States shall take appropriate measures, in cooperation with other Member States where this is necessary or advisable, to establish an integrated and adequate network of disposal installations

Member States shall establish or designate the competent authority or authorities to be responsible for implementing this Directive


Directive 91/689/EEC Directive 91/689/EEC - - Hazardous WasteHazardous Waste

COUNCIL DIRECTIVE of 12 December 1991 on hazardous waste (91/689/EEC)

Hazardous waste in Directive 91/689/ECa) Annex I: Categories Or Generic Types Of Hazardous Wasteb) Annex II: Constituents Of The Wastesc) Annex III: Properties Of Wastes Which Render Them Hazardous

Additional Controls in handling and disposal of hazardous wasteMixing of hazardous waste is not allowed under the directiveProducers and handlers of hazardous waste must retain

information and make it available to the competent authorities


Hazardous Waste List Hazardous Waste List - - 2000/532/EC2000/532/EC

2000/532/EC: Commission Decision of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant and establishing a list of hazardous

waste pursuant This Decision has been amended by the following

decisions: Decision 2001/118/EC [Official Journal L 47 of

16.02.2001] Decision 2001/119/EC [Official Journal L 47 of

16.02.2001] Decision 2001/573/EC [Official Journal L 203 of

28.07.2001]


Regulation (EC) No 1013/2006 Regulation (EC) No 1013/2006 of the European Parliament and of the of the European Parliament and of the

Council of 14 June 2006 on shipments of Council of 14 June 2006 on shipments of wastewaste

replacedreplaced

Regulation 259/93 on the Supervision and Control Regulation 259/93 on the Supervision and Control of Shipments of Wastes within, into and out of the of Shipments of Wastes within, into and out of the

European CommunityEuropean Community

Regulation No 1013/2006Regulation No 1013/2006 – Shipments of Waste– Shipments of Waste


Scope of regulation:

This Regulation establishes procedures and control regimes for the shipment of waste, depending on the origin, destination and route of the shipment, the type of waste shipped and the type of treatment to be applied to the waste at its destination.

This Regulation shall apply to shipments of waste: between Member States, within the Community or with transit

through third countries; imported into the Community from third countries; exported from the Community to third countries; in transit through the Community, on the way from and to third

countries. Exclusions from the scope of this Regulation

Regulation No 1013/2006Regulation No 1013/2006 – Shipments of Waste– Shipments of Waste


Directive 94/62/EC on Packaging and Packaging WasteDirective 94/62/EC on Packaging and Packaging Waste

Main priority is to prevent production of packaging waste. Management of packaging and packaging waste.

reuse and recycling of packaging . recovery of packaging waste.

Requirements on composition and nature of packaging. Targets and deadlines for recovery and recycling. Limits on concentration of heavy metals in packaging and

packaging waste.



Obligations on all companies which supply packaged goods or packaging.

Additional obligations are placed on “major producers”, (e.g. in Ireland producers which have packaging output exceeding 25 tonnes and €1.27 turnover in Irish market).



European Standards on Packaging/Packing Waste. Database to be maintained for each member state.

- Quantities and types of packaging consumed and reused. Quantities of packaging waste recovered, recycled and

disposed of. Marking and identification system for packaging.



Directive 2005/20/EC of the European Parliament and of the Council of 9

March 2005 amending Directive 94/62/EC on packaging and packaging waste

Having regard to enlargement of the European Union New paragraphs were added to Directive 94/62/EC:

Member States having acceded to the European Union by virtue of the Accession Treaty of 16 April 2003 may postpone the attainment of the targets referred to in paragraph 1(b), (d) and (e) until a date of their own choosing which shall not be later than 31 December 2012 for the Czech Republic, Estonia, Cyprus, Lithuania, Hungary, Slovenia and Slovakia; 31 December 2013 for Malta; 31 December 2014 for Poland; and 31 December 2015 for Latvia.„

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 9 September 2006.


Directive 2002/96/EC on WEEE

The Waste Electrical and Electronic Equipment (WEEE) Directive

(OJ No L 37/24 of 13 February 2003)

DirectiveDirective 2002/96/EC 2002/96/EC


DirectiveDirective 2002/96/EC on 2002/96/EC on WEEEWEEE

The aim of the WEEE Directive:

The improvement of environmental protection through prevention of waste, and, the reuse, recycling and other forms of recovery of resources used in electrical and electronic equipment.



WEEE - Requirements Separate collection of WEEE (4kg WEEE pr. person pr. yr) Treatment according to standards Recovery & recycling - set targets

75% per weight for large appliances to 50% for x-ray tubes Producer pays from collection onwards (not B2B) Option for business users to pay some or all of costs – B2B text to be

clarified Collective or producer individual collection and treatment systems Consumers to return WEEE free of charge


DirectiveDirective 2002/96/EC on 2002/96/EC on WEEEWEEEANNEX IA

Categories of electrical and electronic equipment covered by this Directive

1. Large household appliances2. Small household appliances3. IT and telecommunications equipment4. Consumer equipment5. Lighting equipment6. Electrical and electronic tools (with the exception of large-scale stationary industrial tools)7. Toys, leisure and sports equipment8. Medical devices (with the exception of all implanted and infected products)9. Monitoring and control instruments10. Automatic dispensers



Main topics:1. Objectives 2. Scope 3. Definitions 4. Product design 5. Separate collection 6. Treatment 7. Recovery 8. Financing in respect of WEEE from private households 9. Financing in respect of WEEE from users other than private households 10. Information for users 11. Information for treatment facilities 12. Information and reporting 13. Adaptation to scientific and technical progress 14. Inspection and monitoring 15. Transposition


Producers are responsible for collection and responsible treatment of their products at their end-of-life. The take-back obligations for collecting end-of-life equipment apply from the 13 August 2005. Targets for quantities of equipment collected and treated come into effect on 31 December 2006.


Who is the most responsible?Who is the most responsible?



Producer: definition“producer” means any person who,

irrespective of selling technique used, including by means of distance communication ……..

1. Manufactures and sells his own brand2. Resells under his own brand3. Imports or exports


Prepare variety of data on volumes and types of equipment you have placed in EU countries, and what has been recycled by you or on your behalf

Annual registration as a PRODUCER with Environmental Agency – once arrangements finalised – may be discounts for early registration?

Ensure that your products, where possible, designed for reuse or recycling.

Pay your share of treatment and recycling costs for WEEE collected materials - both products produced prior to and after 13 August 2005.

Make information available regarding reuse, refurbishment and treatment of your products.

All products on or after 13 August 2005 to be correctly labelled and dated, and packaging, instructions and warranties to carry correct recycling information and where to “Take-back”

Directive 2002/96/EC on WEEE – some Directive 2002/96/EC on WEEE – some detailsdetails

Main duties as a producer Main duties as a producer


Producers have to provide reuse and treatment information for each type of new EEE put on the market within one year after the equipment is put on the market

This information shall identify, as far as it is needed by reuse centers, treatment, and recycling facilities, the different EEE components and materials, the location of dangerous substances and

preparations in EEE

Directive 2002/96/EC on WEEE in practiceDirective 2002/96/EC on WEEE in practice


Product Information for RecyclersProduct Information for Recyclers

LCD-Display Integrated with keyboard

>PS-HI-FR< coated

3,10 kg

>PS-HI-FR< coated 0,65 kg

zincated, coated 14,85 kg

stainless steel 7,25 kg

Lithium-Battery hazardous substance free, non-removable,

Printed circuit board on inner right front door

>ABS< 0,81 kg

>PS-HI-FR< coated

2,83 kg

ferromagnetic steel coated

4,23 kg

>ABS< 0,55 kg

Lithium-Battery hazardous substance free, non-removable, integrated on Gemini-PCB, left printed

circuit board located in VME rack, inner left front door

stainless steel 0,50 kg

ferromagnetic steel

Directive 2002/96/EC on WEEE in practiceDirective 2002/96/EC on WEEE in practice


Directive 2002/96/EC on WEEE – changesDirective 2002/96/EC on WEEE – changes

Directive 2003/108/EC of the European Parliament and of the Council of 8 December 2003 amending Directive 2002/96/EC on waste electrical and electronic equipment (WEEE).

Directive 2008/34/EC of the European Parliament and of the Council of 11 March 2008 amending Directive 2002/96/EC on waste electrical and electronic equipment (WEEE)

2004/249/EC: Commission Decision of 11 March 2004

2005/369/EC: Commission Decision of 3 May 2005


Air Pollution LegislationAir Pollution Legislation


Air PollutionAir Pollution

Convention on Long Range Transboundary Air Pollution (LRATP)

Montreal Protocol Framework Convention on Climate Changes Kyoto Protocol


Air PollutionAir Pollution legislation legislation

96/62/EEC ambient air quality assessment and managementand daughter Directives: 1999/30/EC, 2000/69/EC, 2002/3/EC.

2008/50/EC on ambient air quality and cleaner air for Europe

Regulation EC/2037/2000 on substances that deplete the ozone layer


96/62/EC 96/62/EC Ambient air quality assessment and managementAmbient air quality assessment and management

The general aim of this Directive is to define the basic principles of a common strategy to:

define and establish objectives for ambient air quality in the Community designed to avoid, prevent or reduce harmful effects on human health and the environment as a whole,

assess the ambient air quality in Member States on the basis of common methods and criteria,

obtain adequate information on ambient air quality and ensure that it is made available to the public, inter alia by means of alert thresholds,

maintain ambient air quality where it is good and improve it in other cases.

DIRECTIVE 96/62/EC of 27 September 1996 on ambient air quality assessment and management


The objectives of this Directive shall be to: establish limit values and, alert thresholds for concentrations of sulphur dioxide, nitrogen

dioxide and oxides of nitrogen, particulate matter and lead in ambient air intended to avoid, prevent or reduce harmful effects on human health and the environment as a whole,

assess concentrations of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air on the basis of common methods and criteria,

obtain adequate information on concentrations of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air and ensure that it is made available to the public,

maintain ambient-air quality where it is good and improve it in other cases with respect to sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead.

1999/30/EC - 1999/30/EC - relating to limit valuesrelating to limit values … …

DIRECTIVE 1999/30/ECof 22 April 1999

relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air


Directive 2000/69/EC Directive 2000/69/EC - - relating to limit valuesrelating to limit values … …

Directive 2000/69/EC of the European Parliament and of the Directive 2000/69/EC of the European Parliament and of the CouncilCouncil of 16 November 2000of 16 November 2000

relating to limit values for benzene and carbon monoxide in relating to limit values for benzene and carbon monoxide in ambient airambient air

The objectives of this Directive shall be: to establish limit values for concentrations of benzene and carbon monoxide in ambient air

intended to avoid, prevent or reduce harmful effects on human health and the environment as a whole;

to assess concentrations of benzene and carbon monoxide in ambient air on the basis of common methods and criteria;

to obtain adequate information on concentrations of benzene and carbon monoxide in ambient air and ensure that it is made available to the public;

to maintain ambient air quality where it is good and improve it in other cases with respect to benzene and carbon monoxide.


2002/3/EC- 2002/3/EC- relating to limit valuesrelating to limit values … …

Directive 2002/3/EC of the European Parliament and of the Directive 2002/3/EC of the European Parliament and of the CouncilCouncil of 12 February 2002of 12 February 2002

relating to ozone in ambient airrelating to ozone in ambient air

The purpose of this Directive is: to establish long-term objectives and an information threshold for concentrations of ozone in ambient air in the

Community, designed to avoid, prevent or reduce harmful effects on human health and the environment as a whole; to ensure that common methods and criteria are used to assess concentrations of ozone and, as appropriate, ozone

precursors (oxides of nitrogen and volatile organic compounds) in ambient air in the Member States; to ensure that adequate information is obtained on ambient levels of ozone and that it is made available to the public; to ensure that, with respect to ozone, ambient air quality is maintained where it is good, and improved in other cases; to promote increased cooperation between the Member States, in reducing ozone levels, use of the potential of

transboundary measures and agreement on such measures.


2008/50/EC on ambient air quality and cleaner air2008/50/EC on ambient air quality and cleaner air

This Directive lays down measures aimed at the following: defining and establishing objectives for ambient air quality designed to avoid,

prevent or reduce harmful effects on human health and the environment as a whole; assessing the ambient air quality in Member States on the basis of common

methods and criteria; obtaining information on ambient air quality in order to help combat air pollution

and nuisance and to monitor long-term trends and improvements resulting from national and Community measures;

ensuring that such information on ambient air quality is made available to the public;

maintaining air quality where it is good and improving it in other cases; promoting increased cooperation between the Member States in reducing air

pollution.

Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and

cleaner air for Europe


The Montreal Protocol regarding Ozone-Depleting Substances, EU Regulation 2037/2000 on Substances that deplete the Ozone Layer

CFCs, halons, carbon tetrachloride, methyl chloroform, HBFCs – production and use currently prohibited

HCFC consumption phased out after 2015 Methyl Bromide phased out after 2001, with possible exemptions

for critical uses More information about the newest amendments at

http://ec.europa.eu/environment/ozone/legislation.htm#2037_2000

Regulation Regulation EC/2037EC/2037//20002000

REGULATION (EC) No 2037/2000 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 29 June 2000 on substances that deplete the ozone layer


Effluent and water legislation


Main legislationMain legislation

76/464/EEC and 2006/11/EC dangerous substances discharges

2000/60/EC framework for Community action in the field of water policy2006/118/EC Groundwater Directive

91/271/EEC concerning urban waste water treatment


76/464/EEC 76/464/EEC - - Dangerous Substances DischargesDangerous Substances Discharges

Framework directive ‘Daughter directives’ set ELVs for particular substances Implementation of international convention List I – polluting substances to be eliminated List II – polluting substances to be reduced

Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the

aquatic environment of the Community

Directive 76/464/EEC has been codified as 2006/11/EC of 15 February 2006 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community


Water Framework Directive 2000/60/ECWater Framework Directive 2000/60/EC

Framework directive Analysis of river basin districts Management plans Efficient use of water resources Pricing policies to incentivise efficient use Control of priority pollutant substances

DIRECTIVE 2000/60/ECOF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 October 2000 establishing a framework for Community action in

the field of water policy


2006/118/EC Groundwater Directive2006/118/EC Groundwater Directive

The groundwater directive complements the Water Framework Directive. It requires:

groundwater quality standards to be established by the end of 2008; pollution trend studies to be carried out by using existing data and data which is mandatory

by the Water Framework Directive (referred to as "baseline level" data obtained in 2007-2008);

pollution trends to be reversed so that environmental objectives are achieved by 2015 by using the measures set out in the WFD;

measures to prevent or limit inputs of pollutants into groundwater to be operational so that WFD environmental objectives can be achieved by 2015;

reviews of technical provisions of the directive to be carried out in 2013 and every six years thereafter;

compliance with good chemical status criteria (based on EU standards of nitrates and pesticides and on threshold values established by Member States).

DIRECTIVE 2006/118/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 December 2006

on the protection of groundwater against pollution and deterioration


91/271/EC Urban Waste Water Treatment Directive91/271/EC Urban Waste Water Treatment Directive

Waste water must be collected and treated prior to discharge according to specific standards

Primary treatment – may be suitable for marine areas Secondary treatment (biological)– generally acceptable Tertiary treatment (nutrient removal) – required for sensitive

areas

COUNCIL DIRECTIVE (91/271/EEC)of 21 May 1991 concerning urban waste water

treatment


Where to find informationWhere to find information??

EC websites: http://ec.europa.eu/ http://ec.europa.eu/environment/index_en.htm http://europa.eu.int/eur-lex in all languages of the EU. http://europa.eu/scadplus/leg/en/s15002.htm

Governmental websites Domestic or other countries

http://www.google.com

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