1. 1 Overview of EU environmental legislation– Part II EU Environmental Legislation 2.VII.2008 Warsaw, Poland “Business Support Programme for Bulgaria, Romania, Croatia and Turkey” BSP 2007/142-722

2. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 2  Hazardous Substances and Processes  Development Control  Access to information on the environment  Where to find information Workshop schedule - Part II

3. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 3 Hazardous Substances and Processes

4. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 4 Hazardous Substances and Processes  1907/2006/EC (REACH)  2002/95/EC (RoHS)  96/61/EC and 2008/1/EC IPPC Directives  2006/66/EC: Batteries Directive  2000/33/EC CPL Directive Main legislation

5. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 5 1907/2006/EC (REACH) Directive 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)

6. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 6 What is REACH ?  REACH is a new European Community Regulation on chemicals and their safe use. It deals with the Registration, Evaluation, Authorisation and Restriction of Chemical substances.  The new law entered into force on 1 June 2007. EC 1907/2006 (REACH)

7. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 7 REACH will replace 40 existing legal acts and create a single system for all chemical substances. REACH will require from manufacturers and importers to gather comprehensive information on properties of their substances produced or imported in volumes over 1 tone per year and to submit the necessary information to demonstrate their safe use in a registration dossier to the European chemicals agency. Failure to register will mean the substance cannot be manufactured or imported to the EU market. EC 1907/2006 (REACH)

8. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 8 REACH – main requirement: “no data, no market” Under REACH companies must pre-register most of their chemical substances in a period since 1 June to 1 December 2008. If a manufacturer or importer of a chemical fails to pre-register by 1 December 2008 he cannot continue manufacturing or importing it until he has submitted a full REACH registration dossier. Users of chemicals cannot continue using substances which have not been pre-registered or registered by their supplier. EC 1907/2006 (REACH)

9. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 9 Directive 2002/95/EC (RoHS) Directive 2002/95/EC on the restriction on the use of certain Hazardous Substances in Electrical and Electronic Equipment

10. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 10 Directive 2002/95/EC (RoHS)  From 1 st July 2006, any new equipment manufactured by Company must not contain a variety of dangerous substances, including lead, hexavalent chromium, mercury, cadmium and certain brominated flame retardants Article 4. Point 1 of the RoHS Directive specifies:  Member States shall ensure that, from 1 July 2006, new electrical and electronic equipment put on the market does not contain lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB) or polybrominated diphenyl ethers (PBDE).

11. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 11 Maximum concentration values for impurity levels of the banned substances: Article 5(1)(a), a maximum concentration value of 0.1% by weight in homogeneous materials for lead, mercury, hexavalent chromium, polybrominated biphenyls (PBB) and polybrominated diphenyl ethers (PBDE) and of 0.01% weight in homogeneous materials for cadmium shall be tolerated. Directive 2002/95/EC (RoHS)

12. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 12 Directive 2002/95/EC (RoHS) RoHS: Who does it concern? All producers who put an EEE product on the market in EU: Manufactures and sellers under own brand Resellers under his own brand Importerss or exporters into a Member State

13. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 13 Directive 2002/95/EC (RoHS)  (1) Large household appliances  (2) Small household appliances  (3) IT & Telecommunication equipment  (4) Consumer equipment  (5) Lighting equipment Light bulbs and luminaires  (6) Electrical and electronic tools  (7) Toys, leisure & sports  (8) Medical equipment systems (with the exception of all implanted and infected products)  (9) Monitoring and control instruments  (10) Automatic dispensers RoHS Product categories

14. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 14 Directive 2002/95/EC (RoHS) Exemptions  Mercury in compact fluorescent lamps not exceeding 5 mg per lamp.  Mercury in straight fluorescent lamps for general purposes not exceeding: halophosphate 10 mg, triphosphate with normal lifetime 5 mg, triphosphate with long lifetime 8 mg.  Mercury in straight fluorescent lamps for special purposes.  Mercury in other lamps not specifically mentioned in this Appendix.  Lead in glass of cathode ray tubes, electronic components and fluorescent tubes.  And many others exemptions

15. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 15 Directive 2002/95/EC (RoHS) RoHS - not only in Europe

16. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 16 Directive 2002/95/EC (RoHS) RoHS Problem Areas Scope – the same problem as with the WEEE Directive Maximum Concentration Values Standards - How can industry demonstrate compliance? Side effects – some products (military & aerospace) not covered, but availability of leaded parts will drop Technological problems – e.g. higher soldering temperatures

17. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 17 Directive 2002/95/EC (RoHS) RoHS – updates  The first Commission Decision, extending the list of exempted applications in the Annex to the RoHS Directive has been published (13/10 2005). This permits the use of Deca-BDE in polymeric applications and lead in lead-bronze bearing shells and bushes. A further tens requests are currently subject to a consultation. The consultation can be found here; http://europa.eu.int/comm/environment/waste/weee_index.htm The study on bringing category 8 and 9 products (medical, monitoring equipment etc) into the scope of RoHS is underway. If it is decided to go ahead and change the Directive to include these products you should expect a final deadline for compliance of approximately 2012.

18. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 18 Challenges for Companies to Be Comply  Many different RoHS-like regulations have to be considered  Reviews/amendments of actual regulations (e.g. EU RoHS) with new exemptions or cancelation of allowed exemptions (example Deca-BDE) are carried out  Declaration “RoHS conform” has to be proved continuously  Time and cost expensive interviews of suppliers are continuously necessary

19. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 19 The transition to lead-free - the RoHS implications on business

20. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 20 What has to be done NOW: Purchasing What has to be done NOW: Availability of products: Availability of products: - without banned substances according to RoHS - new bills of materials - new materials sourcing - re-issue of packaging, instructions and warranties Certification of all materials: Certification of all materials: - ensures traceability for audit - awareness of materials used - awareness of shelf life data Traceability of components Traceability of components Recycling data – any special requirements Recycling data – any special requirements Others Others The RoHS implications on business

21. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 21 Quality - What has to be done:  Certification of all materials: - ensures traceability for audit - awareness of materials used - awareness of shelf life data  Traceability of components  Recycling data – any special requirements + packaging specs  Quality standards and workmanship standards  Manufacturing procedures  Identification of materials and assemblies according to RoHS The RoHS implications on business

22. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 22 Design - What has to be done: Redesign of product: - due to availability of materials - due to manufacturing processes - due to recycling legislation - due to identification issues - marketing - others The RoHS implications on business

23. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 23 Production - What has to be done:  Audit of production equipment  Application for budget approvals  Selection of materials  Production procedures with new requirements  Interim solutions with Pb elements  Others The RoHS implications on business

24. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 24 96/61/EC IPPC Directive Industrial Pollution Prevention and Control Directive

25. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 25 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

26. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 26 Directive on IPPC 96/61/EC (continued)  The European IPPC Bureau has drafted “BREF Guidance Notes” for different sectors of industry  Relevant agency applies standards of BAT (Best Available Technology)  Higher standard of BAT will generally apply to new industries (as opposed to existing activities)  One of the conditions of the licence is the necessity to operate an environmental management programme (EMP) and publish an annual environmental report

27. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 27 Directive on IPPC 96/61/EC (continued)  Commission takes steps to cut industrial emissions further  On 21 December 2007 the Commission adopted a Proposal for a Directive on industrial emissions. Proposal for a Directive on industrial emissions  The IPPC Directive has recently been codified (Directive 2008/1/EC) of the European Parliament and of the Council of 15 January 2008Directive 2008/1/EC

28. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 28 Directive 2006/66/EC: Batteries DIRECTIVE 2006/66/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC

29. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 29 Directive 2006/66/EC: Batteries  Prohibits the placing on the market of certain batteries and accumulators.  It promotes a high rate of collection and recycling of waste batteries and accumulators  Promote and maximise separate waste collections.  Marking of batteries with heavy metal content.

30. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 30 Directive 2006/66/EC: Batteries Some requirements:  Collection rates of at least 25% and 45% have to be reached by 26 September 2012 and 26 September 2016 respectively.  Recycling must exclude energy recovery  All producers of batteries and accumulators have to be registered.  The Member States must send the Commission reports on the implementation of the Directive

31. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 31 CPL Directive 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 phrases  Manufacturers/suppliers must provide 16 point safety data sheets

32. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 32 Development Control

33. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 33 Main Legislation Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment

34. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 34 Directive 2001/42/EC - Strategic Environmental Assessment  The objective of this Directive is to provide for a high level of protection of the environment and to contribute to the integration of environmental considerations into the preparation and adoption of plans and programmes with a view to promoting sustainable development, by ensuring that, in accordance with this Directive, an environmental assessment is carried out of certain plans and programmes which are likely to have significant effects on the environment.

35. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 35  Applies to ‘plans’ and programme in transport- water resource management energy- industry waste management- telecommunications tourism Directive 2001/42/EC - Strategic Environmental Assessment

36. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 36 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

37. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 37 Environmental Impact Assessment Examine the Impacts on the Environment Proposed Development Significant likely adverse impacts Propose mitigation measures Incorporate revisions into design Positive, residual or no impacts Finalise design Apply for development consent

38. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 38 Environmental Impact Assessment Structure 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:

39. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 39 DIRECTIVE 2003/4/EC - DIRECTIVE 2003/4/EC - on public access to environmental information DIRECTIVE 2003/4/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC

40. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 40 DIRECTIVE 2003/4/EC - DIRECTIVE 2003/4/EC - on public access to environmental information  Implements Articles 4, 5 and 9.1 of the Aarhus Convention  Covers both ‘passive’ (upon request) and ‘active’ (dissemination of env. information) disclosure of env. information held by public authorities  ‘Public authority’?– government authorities at all levels: national, regional and local authorities, even private non-governmental bodies that serve public functions or provide public services (i.e. supplying drinking water), whether or not they have specific responsibilities for the environment.  ‘Environmental information’? any information, on any material form, on the state of the environment and its components, or referring to measures, policies, legislation, plans and programmes, data used in economic analyses, the state of human health and safety which might be affected by the state of environment.

41. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 41 DIRECTIVE 2003/4/EC - DIRECTIVE 2003/4/EC - on public access to environmental information  Active dissemination of env. Information  Public authorities are obliged to organise and disseminate environmental information, tell the public what kind of environmental information they have, promote public environmental awareness, inform about how to access information, how to participate in environmental decision- making and about access to justice.  Member States should ensure that environmental information increasingly becomes available in electronic databases easily accessible to the public.  Member States are obliged to publish and disseminate a national report on the state of and pressures on the environment every three or four years or less.

42. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 42 DIRECTIVE 2003/4/EC - DIRECTIVE 2003/4/EC - on public access to environmental information Progress as compared to earlier Directive 90/313/EC on the freedom of access to information on the environment  It is conceived as a general right (not only for EU citizens)  More detailed definition of public authorities  Wider and more explicit definition of environmental information (e.g. biodiversity, GMOs)  Shorter deadline for answering requests  Improved ‘openness’ active dissemination policy : more precise grounds for non disclosure of information  Two types of review procedures have been granted

43. EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 43 Where to find information?  EC websides:  http://ec.europa.eu/  http://ec.europa.eu/environment/index_en.htm  http://europa.eu.int/eur-lex in all languages of the EU.  Governmental websites  Domestic or other countries  http://www.google.com