overview of eu environmental legislation

TMS-EL02-A-01-02 of 46

Overview of EU Environmental Legislation

TMS-EL02-A-01-02 of 46

5th EU Environmental Action Programme

“Towards Sustainability”

1993 - 2000

TMS-EL02-A-01-02 of 46

Sustainable Development

“Development which meets the needs of the present without compromising the ability of future generations to meet their own needs”.

Bruntland Report

TMS-EL02-A-01-02 of 46

4.3.2 Legal & other requirement

• Register of Environmental Legislation• Parent Company Corporate Policy• EU Directives• Government regulations• Local authority consent licences• Customer environmental demands• Must periodically check compliance with legislation

(Clause 4.5.1)• Need to demonstrate understanding of legal

obligations

TMS-EL02-A-01-02 of 46

European Union Legislation

EU environment policy is realised through the full range of legal and other measures which can be adopted under the Treaty of Rome.

The Council can adopt:

1. Recommendations and Resolutions

- not legally binding but which exert moral and political pressures.

TMS-EL02-A-01-02 of 46

2. Regulations which are directly applicable in each Member State

- automatically become part of domestic member state law, eg EU Regulation 259/93 on the Supervision and Control of Shipment of Waste within, into and out of the European Community.

- Usually used for very specific purposes such as trade in products

- not often used for environmental legislation

- it is expected that they will be used more frequently in view of the Single European Act and the Treaty on European Union .

TMS-EL02-A-01-02 of 46

3. 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.

TMS-EL02-A-01-02 of 46

Development Control• EC directives 85/337/EEC and 97/11/EC• Seeks to prevent the creation of pollution or

environmental nuisance at source.• Activities in First and Second Schedule of 97/11/EC

are required to carry out an EIA resulting in an EIS.• Strategic Environmental Assessment Directive

2001/42/EC• Applies to ‘plans’ and programme in

– transport - water resource management

– energy - industry– waste management - telecommunications– tourism

TMS-EL02-A-01-02 of 46

Environmental Impact Assessment

What is Environmental Impact Assessment (EIA)?Environmental Impact Assessment (EIA) is a procedure for:

• systematic examination of the likely effects on the environment of a proposed development

• ensuring that adequate consideration is given to any likely effects

• avoiding, reducing or offsetting any significant adverse effects

TMS-EL02-A-01-02 of 46


EIS - Environmental Impact Statement (sometimes Study)

A statement of the effects, if any, which the proposed development, if carried out, would have on the environment.

TMS-EL02-A-01-02 of 46


Examine the Impacts on the Environment

Proposed Development

Significant likely adverse impacts

Propose mitigationmeasures

Incorporate revisions into design

Positive, residual or no impacts

Finalise design

Apply for developmentconsent

TMS-EL02-A-01-02 of 46

Environmental Impact AssessmentScreening

• first Schedule of 97/11/EC sets out the thresholds or sizes of certain classes of projects which, if exceeded, require an EIS

• the competent authority can also decide that an EIS is required if a project is below the specified threshold

TMS-EL02-A-01-02 of 46

Environmental Impact AssessmentStructure of an EIS

The Environmental Impact Statement should be systematically organised to provide:

– a description of the proposed development– a description of the existing environment– the impacts of the proposed development– the measures to mitigate adverse impacts– a non-technical summary

TMS-EL02-A-01-02 of 46

Environmental Impact AssessmentStructure of an EIS

– Human beings

– Flora

– Fauna

– Soils

– Water

– Air

– Climate– The landscape– The interaction of

the foregoing– Material assets– Cultural heritage

The existing environment and the impacts of the development are explained by reference to it’s likely impact on the following:

TMS-EL02-A-01-02 of 46

Development Control

• Habitats Directive 92/43/EC

• Wild Bird Directive 79/409/EC

TMS-EL02-A-01-02 of 46

Air Pollution

• Convention on Long Range Transboundary Air Pollution (LRATP)

• Montreal Protocol

• Framework Convention on Climate Changes

• Kyoto Protocol

TMS-EL02-A-01-02 of 46

Air Pollution

• Council Directive 1999/30/EC, Relating to Limit Values for Sulphur Dioxide, Nitrogen Dioxide and Oxides of Nitrogen, particulate matter and lead in ambient air

• Limitation of Emissions of VOCs Directive 1999/13/EC– in excess of one tonne of solvent in surface cleaning

– company must register with Local Authority

TMS-EL02-A-01-02 of 46

Air Pollution• 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

TMS-EL02-A-01-02 of 46

Air Pollution

• EU Directive 1999/332/EC relating to a reduction in the sulphur content of certain liquid fuels

• By 2003, 1% by mass for HFO

• Currently 0.2% by mass for gas oil

• By 2008 0.1% by mass for gas oil

TMS-EL02-A-01-02 of 46

Effluent and Water

EU Framework Directive

• Sets two levels of dangerous substances

– List I (Black List) substances

– List II (Grey List) substances

TMS-EL02-A-01-02 of 46

Effluent and WaterGroundwater Protection

• Groundwater Directive 80/68/EC• Dutch Soil and Groundwater

Target/Intervention Levels• ICRCL (Inter-Departmental Committee on

the Re-development of Contaminated Land) Guidance on the Assessment and Re-development of Contaminated Land - ICRCL 59/83

TMS-EL02-A-01-02 of 46

Effluent and WaterMajor Categories of Water Pollutants

Category Major Effects

Substances exerting anoxygen demand

Oxygen depletion

Infectious agents Spread of disease,mortality

Plant nutrients Eutrophication(excessive plant growth)

Organic compounds Toxicity, oxygendemand

Inorganic elements andcompounds

Mainly toxicity

Radioactivity Toxicity, mutagenicity

Heat Variety of effects

TMS-EL02-A-01-02 of 46

Dissolved Oxygen (DO)

The saturation concentration of DO at normal temperature is about 10 mg 1-1

The minimum DO required for maintaining a balanced population of aquatic life is about 5 mg1 -1

Even a small oxygen demand can have a significant effect on a river

TMS-EL02-A-01-02 of 46

BOD (Biological Oxygen Demand)

Sample BOD 5 (mg1-1)Raw sewage 300Good quality sewageeffluent

<20

Good quality riverwater

<3

High strength vegetableprocessing wastewater

10,000

“The amount of oxygen actually used in biological degradation”

TMS-EL02-A-01-02 of 46

Effluent and Water

• Urban Waste Water Treatment Directive 91/271/EC

• Water Framework Directive 2000/60/EC

TMS-EL02-A-01-02 of 46

Hazardous SubstancesCPL Directives 98/98/EC and 2000/33/EC • Codify in one single document the law on

CPL of dangerous substances.• Manufacturers of new substances must

supply a notification dossier to the competent body.

• Suppliers must put warning labels on containers, including R&S phases.

• Manufacturers/suppliers must provide 16 point safety data sheets.

TMS-EL02-A-01-02 of 46

Hazardous SubstancesEU Directive 94/55/EC, 95/50/EC, 98/86/EC and 99/47/EC

• Directives on the Transport of Dangerous Goods by Road.

• Gives effect to European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR Agreement).

• ADR Agreement outlines rules for carriage of Dangerous Goods by road including rules for:– Packaging and Labelling (e.g. transport documents)

– Vehicle construction, equipment and transport operations

TMS-EL02-A-01-02 of 46

Hazardous SubstancesCouncil Directive 96/35/EC and 2000/18/EC Safety Advisers

• Regulations prohibit undertakings from transporting dangerous goods by road or rail unless a DGSA has been appointed.

• Undertaking: “any person who transports, loads or unloads dangerous goods”.

• DGSA must hold a vocational training certificate appropriate to modes of transport and types of goods transported.

TMS-EL02-A-01-02 of 46

Waste Management

• Framework piece of legislation.• Producers and holders of waste responsible.• A “holder” is defined as the owner, person in

charge or any other person having, for the time being, possession or control of the waste

• Fines of up to €12million, daily fines of up to €120,000 and imprisonment of up to 10 years.

• “Polluter pays” principle - “cradle to cradle” approach.

TMS-EL02-A-01-02 of 46

Definition of Waste

Waste - “any substance or object belonging to a

category of waste specified in the First Schedule or

for the time being included in the European Waste

Catalogue which the holder discards or intends or is

required to discard, and anything which is discarded

or otherwise dealt with as if it were waste shall be

presumed to be waste until the contrary is proved”

TMS-EL02-A-01-02 of 46

Waste ManagementDefinition of Hazardous Waste

Hazardous waste is defined in EU Directive 91/689/EC Hazardous Waste as(a) Annex I Waste: Generic

(b) Annex II Waste: Properties

TMS-EL02-A-01-02 of 46

European Waste Catalogue (EWC)• Hazardous and non hazardous waste

• Each waste type is assigned a six digit code made up of 3 “two digit” sub-codes. This code describes the process/industry/sector from which the waste arises and the waste type. In some instances a further two digit sub-code is used

• Hazardous wastes are marked with the symbol * (ref. HWL)

TMS-EL02-A-01-02 of 46

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

• Consignment notes

• Labelling of waste

• Mixture of wastes

TMS-EL02-A-01-02 of 46

Council Directive 96/59/EC, 98/101, 91/157/EC Hazardous Waste Directives

• Focus on asbestos, PCBs, PCTs, used batteries,

waste oil and hazardous waste generally

• Reduction at source vs End-of-pipe solution

• Objective is to render hazardous materials less

hazardous, e.g. no batteries with > 0.0005% Hg

• Large producers of waste oil (>500 litres) must

maintain records

• Waste oil must be segregated (including PCB oils)

TMS-EL02-A-01-02 of 46

Council Regulation 259/93

• Provides for the “tracking” of movements of hazardous waste

within the state, by means of a system of documentation to be

completed by the consignor (producer), carrier and consignee, of

each waste consignment to be furnished to the appropriate local

authorities.

• The Regulations also provide for compliance with certain EU

requirements regarding the labelling of waste containers and the

mixing of different classes of waste.

TMS-EL02-A-01-02 of 46

Council Regulation 259/93

• Regulations provide for a certification system and for a

financial guarantee or other equivalent insurance satisfying

the requirements of Article 27 of EC Regulation 259/93 on

the supervision and control of shipments of waste within, into

and out of the European Community, as amended

• No shipment of waste may enter/leave a member state unless

a certificate is issued in accordance with the legislation by

the competent authority.

TMS-EL02-A-01-02 of 46

Directive on Packaging and Packaging Waste 94/62/EC

• Obligations on all companies which supply

packaged goods or packaging.

• Additional obligations on ‘major

producers’, i.e. producers which have

packaging output exceeding 25 tonnes

TMS-EL02-A-01-02 of 46

The 1999 Landfill Directive (1999/31/EC)• Covers 3 types of landfill sites:

– landfill for hazardous wastes– landfill for municipal and non-hazardous

wastes and for compatible wastes– landfill for inert wastes

• Landfill may receive multiple classifications (but in separate areas).

• These sites will require a permit/licence to operate.

TMS-EL02-A-01-02 of 46

Seveso II Directive 96/82/EC

• Regulations apply to establishments where dangerous substances are present in amounts which exceed the application thresholds.

• Operators of such plants are required to:

– take measures to prevent major accidents and to limit

their consequences.

– prepare safety reports.

– have emergency plans in place.

• The competent authority must monitor compliance with the Directive.

TMS-EL02-A-01-02 of 46

EC Directive 90/313

• All information, correspondence, reports etc. furnished to Public Authorities, unless marked “confidential” can be accessed by member of general public.

• “Confidentiality” exception strictly administered.

TMS-EL02-A-01-02 of 46

1989 Framework Directive

• Duty on employer “to ensure so far as it is reasonably practicable, the safety, health and welfare at work of its employees”.

• “Place of work” is widely defined.

• Employer must prepare Safety Statement based on identification and assessment of hazards at work.

• Spillage of toxic chemicals.

TMS-EL02-A-01-02 of 46

1989 Framework Directive

• Statutory duty of employees to take care of their own safety, health and welfare and that of other persons who might be affected by their acts and omissions.

• Various Directives such as the Workplace Directive flesh out obligations contained in the general terms of 1989 Framework Directive.

TMS-EL02-A-01-02 of 46

EU Directive 98/24/EC Protecting Workers from Exposure to Chemical AgentsEmployers’ Duties

• Apply to hazardous chemical agents (including lead) and carcinogens

• Also apply to the transport of hazardous chemicals• Prevent, avoid or control risks• Monitor levels where exposure exists• Identify measures to control risks• Review assessment after change of work practices

or conditions• Sampling and measuring (standard methods)

TMS-EL02-A-01-02 of 46

Information, Training & Consultation : Employers’ Duties

• Ensure OELs are not exceeded• Health surveillance• Accidents and emergency plans• Information on:

- risks- results of risk assessments- action to be taken if limit exceeded

• Information to self-employed workers and contractors

• Training• Consultation

TMS-EL02-A-01-02 of 46

Directive on IPPC 96/61/EC

• Framework piece of legislation.

• Activities listed in Annex I of the Directive are required to obtain IPPC licence, i.e. one licence dealing with emissions to all media.

• Licensing procedure is laid down in the Directive and fees are similarly prescribed.

TMS-EL02-A-01-02 of 46

Directive on IPPC 96/61/EC (continued)

• The European IPPC Bureau has drafted “BREF Guidance Notes” for different sectors of industry.

• Agency applies standards of BAT (Best Available Technology).

• Higher standard of BAT will generally apply to new industries (as opposed to existing activities).

• Noise has statutory basis.• One of the conditions of the licence is the necessity to

operate an environmental management programme (EMP) and publish an annual Environmental Statement.

overview of eu environmental legislation

Documents