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Overview of EU Environmental Legislation

Overview of EU Environmental Legislation. 5th EU Environmental Action Programme. “Towards Sustainability” 1993 - 2000. Sustainable Development. “Development which meets the needs of the present without compromising the ability of future generations to meet their own needs”. Bruntland Report.

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Overview of EU Environmental Legislation

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  1. Overview of EU Environmental Legislation

  2. 5th EU Environmental Action Programme “Towards Sustainability” 1993 - 2000

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

  4. 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

  5. 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.

  6. 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 .

  7. 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.

  8. 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

  9. 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

  10. Environmental Impact Assessment 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.

  11. Environmental Impact Assessment Proposed Development Examine the Impacts on the Environment Significant likely adverse impacts Positive, residual or no impacts Propose mitigation measures Finalise design Incorporate revisions into design Apply for development consent

  12. 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

  13. 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

  14. Human beings Flora Fauna Soils Water Air Climate The landscape The interaction of the foregoing Material assets Cultural heritage Environmental Impact AssessmentStructure of an EIS The existing environment and the impacts of the development are explained by reference to it’s likely impact on the following:

  15. Development Control • Habitats Directive 92/43/EC • Wild Bird Directive 79/409/EC

  16. Air Pollution • Convention on Long Range Transboundary Air Pollution (LRATP) • Montreal Protocol • Framework Convention on Climate Changes • Kyoto Protocol

  17. 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

  18. 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

  19. 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

  20. Effluent and Water EU Framework Directive • Sets two levels of dangerous substances • List I (Black List) substances • List II (Grey List) substances

  21. 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

  22. Effluent and WaterMajor Categories of Water Pollutants

  23. 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

  24. BOD (Biological Oxygen Demand) “The amount of oxygen actually used in biological degradation”

  25. Effluent and Water • Urban Waste Water Treatment Directive 91/271/EC • Water Framework Directive 2000/60/EC

  26. 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.

  27. 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

  28. 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.

  29. 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.

  30. 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”

  31. 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

  32. 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)

  33. 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

  34. 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)

  35. 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.

  36. 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.

  37. 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

  38. 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.

  39. 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.

  40. 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.

  41. 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.

  42. 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.

  43. 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)

  44. 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

  45. 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.

  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.

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