BSP 2007/142-722
“Business Support Programme for Bulgaria, Romania, Croatia and
Turkey”
Overview of EU environmental
legislation – Part I
EU Environmental Legislation
2.VII.2008
Warsaw, Poland
1
Workshop outline - Part I
 EU legislative processes
 Waste legislation
 Air Pollution legislation
 Effluent and water legislation
 Where to find information
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
2
EU 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.
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
3
EU legislative process
Instruments 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 Environmental Legislation, 2.VII.2008, Warsaw, Poland
4
EU 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.
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
5
Principles of EU Legislation
Principles of EU Legislation
• “Polluter Pays” Principle
• “Proximity” Principle
• “Precautionary” Principle
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
6
EU 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 Environmental Legislation, 2.VII.2008, Warsaw, Poland
7
EU Waste legislation
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
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
8
2006/12/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.
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
9
2006/12/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
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
10
Directive 91/689/EEC - Hazardous Waste
COUNCIL DIRECTIVE of 12 December 1991 on
hazardous waste (91/689/EEC)
 Hazardous waste in Directive 91/689/EC
a) Annex I: Categories Or Generic Types Of Hazardous Waste
b) Annex II: Constituents Of The Wastes
c) Annex III: Properties Of Wastes Which Render Them Hazardous
 Additional Controls in handling and disposal of hazardous
waste
 Mixing of hazardous waste is not allowed under the directive
 Producers and handlers of hazardous waste must retain
information and make it available to the competent authorities
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
11
Hazardous Waste List - 2000/532/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]
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
12
Regulation No 1013/2006 – Shipments of Waste
Regulation (EC) No 1013/2006
of the European Parliament and of the Council of 14 June
2006 on shipments of waste
replaced
Regulation 259/93 on the Supervision and Control of
Shipments of Wastes within, into and out of the European
Community
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
13
Regulation No 1013/2006 – 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
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
14
Directive 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.
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
15
Directive 94/62/EC on 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).
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
16
Directive 94/62/EC on Packaging and Packaging Waste
 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.
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
17
Directive 2005/20/EC on Packaging and Packaging Waste
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.
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
18
Directive 2002/96/EC
Directive 2002/96/EC on WEEE
The Waste Electrical and Electronic Equipment (WEEE) Directive
(OJ No L 37/24 of 13 February 2003)
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
19
Directive 2002/96/EC on WEEE
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.
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
20
Directive 2002/96/EC on WEEE
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
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
21
Directive 2002/96/EC on WEEE
ANNEX IA
Categories of electrical and electronic equipment covered by this
Directive
1. Large household appliances
2. Small household appliances
3. IT and telecommunications equipment
4. Consumer equipment
5. Lighting equipment
6. Electrical and electronic tools (with the exception of largescale stationary industrial tools)
7. Toys, leisure and sports equipment
8. Medical devices (with the exception of all implanted and
infected products)
9. Monitoring and control instruments
10. Automatic dispensers
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
22
Directive 2002/96/EC on WEEE
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
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
23
Directive 2002/96/EC on WEEE
Who is the most responsible?
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.
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
24
Directive 2002/96/EC on WEEE
 Producer: definition
 “producer” means any person who, irrespective of
selling technique used, including by means of
distance communication ……..
1. Manufactures and sells his own brand
2. Resells under his own brand
3. Imports or exports
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
25
Directive 2002/96/EC on WEEE – some details
Main duties as a producer
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”
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
26
Directive 2002/96/EC on WEEE in practice
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
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
27
Directive 2002/96/EC on WEEE in practice
Product Information for Recyclers
ferromagnetic steel
ferromagnetic steel
coated
4,23 kg
stainless steel
7,25 kg
>PS-HI-FR<
coated
0,65 kg
zincated, coated
14,85 kg
>PS-HI-FR<
coated
3,10 kg
Lithium-Battery
hazardous substance free, non-removable,
Printed circuit board on inner right front door
>ABS<
0,55 kg
LCD-Display
stainless steel
0,50 kg
Integrated with keyboard
>ABS<
0,81 kg
>PS-HI-FR<
Lithium-Battery
hazardous substance free, non-removable,
integrated on Gemini-PCB, left printed
circuit board located in VME rack, inner left
front door
coated
2,83 kg
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
28
Directive 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
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
29
Air Pollution Legislation
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
30
Air Pollution
 Convention on Long Range Transboundary Air Pollution
(LRATP)
 Montreal Protocol
 Framework Convention on Climate Changes
 Kyoto Protocol
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
31
Air Pollution legislation
 96/62/EEC ambient air quality assessment and
management
and 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
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
32
96/62/EC Ambient air quality assessment and management
DIRECTIVE 96/62/EC of 27 September 1996 on ambient 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.
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
33
1999/30/EC - relating to limit values …
DIRECTIVE 1999/30/EC
of 22 April 1999
relating to limit values for sulphur dioxide, nitrogen dioxide and
oxides of nitrogen, particulate matter and lead in ambient air
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.
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
34
Directive 2000/69/EC - relating to limit values …
Directive 2000/69/EC of the European Parliament and of the
Council of 16 November 2000
relating to limit values for benzene and carbon monoxide in
ambient 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.
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
35
2002/3/EC- relating to limit values …
Directive 2002/3/EC of the European Parliament and of the
Council of 12 February 2002
relating 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.
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
36
2008/50/EC on ambient air quality and cleaner air
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
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.
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
37
Regulation EC/2037/2000
REGULATION (EC) No 2037/2000 OF THE EUROPEAN
PARLIAMENT AND OF THE COUNCIL
of 29 June 2000 on substances that deplete the ozone layer
 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
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
38
Effluent and water legislation
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
39
Main legislation
 76/464/EEC
and
2006/11/EC
dangerous
substances discharges
 2000/60/EC framework for Community action in
the field of water policy
 2006/118/EC Groundwater Directive
 91/271/EEC concerning urban waste water
treatment
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
40
76/464/EEC - Dangerous Substances Discharges
Council Directive 76/464/EEC of 4 May 1976 on pollution
caused by certain dangerous substances discharged into the
aquatic environment of the Community





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
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
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
41
Water Framework Directive 2000/60/EC
DIRECTIVE 2000/60/EC
OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23
October 2000 establishing a framework for Community action in
the field of water policy






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
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
42
2006/118/EC Groundwater Directive
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
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).
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
43
91/271/EC Urban Waste Water Treatment Directive
COUNCIL DIRECTIVE (91/271/EEC)
of 21 May 1991 concerning urban waste water
treatment
 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
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
44
Where 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
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
45