ERDU – OED
DECC / EDU – Offshore Oil & Gas Environment and Decommissioning Branch (OGED)
Offshore Oil and Gas (O&G) Environmental Register
EU Environmental Issues
Edition: April to July 2013
Welcome to our EU Environmental Issues Register. We intend to make updated versions of the Register available on our website on a monthly basis - although, depending on other priorities this may not always be possible and therefore, some editions may be published later than expected. At present, it is anticipated that the next edition - covering August 2013 - will be published in October 2013. On future editions we will highlight on the contents page (in bold / italics) those existing entries which have been subject to amendments. For ease of reference, any revisions and / or new text added to the existing entries will be shown in dark red. New topics will be identified on the contents page (in bold / italics / red text) with the associated text in the document also being shown in dark red.
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Register Distribution List
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CONTENTS PAGE
|Contents |Page(s) |
|(Alphabetical Order) | |
| | |
| | |
|Important EU Environmental Issues for the offshore oil and gas industry | |
| | |
|Carbon Dioxide (CO2) Capture and Storage (CCS) | |
| |4 & 5 |
|Chemicals Policy (REACH) |5 - 12 |
|Emissions Trading System (EU-ETS) |12 - 15 |
|Environmental Impact Assessment (EIA) Directive - Proposed Revisions |16 & 17 |
|Environmental Liability Directive |17 - 19 |
|European Pollutant Release and Transfer Register (E-PRTR) |19 |
|Fluorinated Greenhouse Gases and Ozone-Depleting Substances Regulations |19 - 22 |
|Industrial Emissions Directive (IED) |22 & 23 |
|INSPIRE – Spatial Information for Europe |23 & 24 |
|Mercury Strategy (Regulation on banning mercury exports / the safe storage of metallic mercury and Directive on |25 & 26 |
|specific criteria for the storage of metallic mercury considered as waste) | |
|Natura 2000 Network |26 - 30 |
|Persistent Organic Pollutants (POPs) Regulation |30 & 31 |
|Safety of Offshore Oil and Gas Operations |31 & 32 |
| | |
|Other relevant EU issues – where DECC/EDU has either a limited or no direct enforcement role | |
| | |
|Batteries and Accumulators Directive | |
| |33 |
|Waste Electrical and Electronic Equipment (WEEE) Directive |34 & 35 |
|Waste Framework Directive and Shipment of Waste Regulation |35 - 39 |
| | |
|Contacts Matrix for `Important’ and `Other Relevant’ EU Issues | |
| | |
|Annex 1 – Contacts Matrix |40 |
Key: EU = European Commission; EP = European Parliament; Council = Council of Ministers; and MS = Member States
DECC Acronyms (as used in main document and / or Contacts Matrix (Annex 1):
DECC - EDU = Energy Development Unit
DECC - CPS = Corporate and Professional Services Unit
DECC - ICC = International Climate Change Unit
DECC - IEES = International Energy and Energy Security Unit
DECC - OCCS = Office of Carbon Capture and Storage
BIS = Department for Business, Innovation and Skills
IMPORTANT EU ENVIRONMENTAL ISSUES FOR THE OFFSHORE OIL AND GAS INDUSTRY
Carbon Dioxide (CO2) Capture and Storage (CCS)
[Directive 2009/31/EC]
Legislative Background: The CCS Directive establishes a legal framework for stimulating / regulating the environmentally safe and permanent storage of CO2.
|Commission Legislation |
|CCS Directive 2009/31/EC | |
|Decision 2011/92/EU (Questionnaire) | |
|OSPAR Legislation |
|Changes to OSPAR Convention to legalise CCS | |
|UK Implementing Legislation |
|The Storage of Carbon Dioxide (Licensing) Regulations 2010 | |
|The Storage of Carbon Dioxide (Termination of Licences) Regulations 2011| |
|The Storage of Carbon Dioxide (Access to Infrastructure) Regulations | |
|2011 | |
|The Storage of Carbon Dioxide (Amendment of the Energy Act 2008) | |
|Regulations 2011 | |
|The Storage of Carbon Dioxide (Licensing) (Scotland) Amendment | |
|Regulations 2011 | |
|The Storage of Carbon Dioxide (Inspections) Regulations 2012 | |
EDU has created a page on the ‘Gov UK’ website to cover developments on Carbon Storage Licensing (plus those pertaining to Gas Storage). The page is at: .
Recent Legislation (details to be added to the above tables (as appropriate) in the August 2013 edition of the Register):
On 17 June 2013, the Gas and Petroleum (Consents) Charges Regulations 2013 entered into force. The Regulations (see details at: ) permit the Secretary of State to charge those who apply for a consent, approval or authorisation relating to petroleum licences and offshore methane gas and CO2 storage licences, and for pipeline works authorisations issued under Part III of the Petroleum Act 1998. They set out the charges for consents and approvals where the charge is fixed, and where the charge is variable and is to be determined by reference to the resources, the process for requesting a charge determination and the methodology for setting the charge. The charge is based on the daily rate multiplied by an estimate of the number of officers and an estimate of the number of days required to consider the consent, approval or authorisation request.
Current Position:
(i) BIS and DECC recently published a joint report on the costs of CCS for UK industry - the report is available from: .
(ii) In May 2013, the Crown Estate / DECC published a report which presents the Carbon Capture and Storage (CCS) Cost Reduction Task Force’s recommendations on how to achieve cost reductions and develop the CCS industry in the UK - see report at: . The recommended actions cover the breadth of the CCS chain from generation and capture to transport and storage. Actions on policy development, finance and industrial CCS are also included.
(iii) In July 2013, MS governments proposed just one CCS project for the second round of funding from the NER300 Programme (an EU scheme that supports low-carbon technologies - see Commission Statement and NER300 information at: and respectively). The UK was the only MS to propose a CCS project by the 3 July 2013 deadline - see further details on the White Rose project at: . MS Governments’ lack of support for CCS means there will be more funding available for renewable energy projects. NER300 funding must be matched by governments or by the private sector backers of projects.
Next Steps:
(a) In 2014, the Commission is expected to issue formal proposals for mandatory emissions performance standards / a certification scheme for the power sector in an attempt to encourage CCS developments.
(b) EU to review the CCS Directive by 30 June 2015.
DECC / EDU Focal Point: Ricki Kiff and Evelyn Pizzolla (for `EU-ETS’ bit of CCS)
[Link to details in Contacts Matrix]
[Back to Contents Page]
Chemicals Policy - REACH
[Regulation (EC) No. 1907/2006]
Legislative Background: The EU REACH Regulation requires Registration over 11 years of some 30,000 chemical substances. Management of the Regulation’s requirements at EU level will be handled by the European Chemicals Agency (ECHA). Day-to-day operation of REACH in each MS is overseen by their Competent Authorities (CAs). In the UK, the CA is provided by HSE which is working with Defra / other Government Depts / Agencies on enforcement aspects. EDU has an offshore enforcement role. HSE is contactable at: UKREACHCA@hse..uk.
|Commission Legislation |
|REACH Regulation | |
Commission Supplemental Legislation
Since the entry into force of the EU REACH Regulation, a number of supplementary Commission legislation has been issued - details on these (including proposed revisions and expected new measures) are provided in the enclosed document.
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OSPAR Recommendations for harmonizing the Harmonised Mandatory Control System (HMCS) with REACH
The following OSPAR measures - which more closely align the OSPAR Harmonised Mandatory Control System (HMCS) for controlling offshore chemicals with the requirements of REACH - came into effect in January 2011 and 2012:
(a) OSPAR Recommendation 2010/3 on a Harmonised Offshore Chemical Notification Format (HOCNF)
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(b) Recommendation 2010/4 on a Harmonised Pre-Screening Scheme for Offshore Chemicals
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(c) Revised Guidelines (2012/05) for completing the HOCNF
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|UK Implementing Legislation |
|The REACH Enforcement Regulations 2008 | |
|The Energy Act 2008 (Consequential Modifications) (Offshore | |
|Environmental Protection) Order 2010 | |
Recent Legislation (details to be added to the above tables (as appropriate) in the August 2013 edition of the Register)
The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (see details at: ) - which largely enter into force on 1 September 2013 - formally appoint national authorities in relation to, and provide for the enforcement (including penalties for infringements) of, the EU Biocides Regulation (EU) No. 528/2012, the EU Prior Informed Consent (PIC) Regulation (EU) No. 649/2012 and the EU Chemicals Classification, Labelling and Packaging (CLP) Regulation (EC) No. 1272/2008. They also provide for the competent authorities in Great Britain to authorise biocidal products for essential use, following the granting of a derogation by the Commission under Regulation (EC) No. 1451/2007.
The Biocidal Products (Fees and Charges) Regulations 2013 (see details at: ) - which provide the charging regime in respect to the EU Biocides Regulation (EU) No. 528/2012 - enter into force on 1 September 2013.
Other key REACH-related issues:
A REACH Guidance document for the offshore sector can be accessed at: . The notes of EDU REACH Working Group meetings plus stakeholder updates are also available from: .
The document below sets out the deadlines for REACH implementation.
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Details of REACH guidance from the ECHA and other sources are outlined in the document below.
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Current Position:
(i) In April 2013, a group of NGOs called for third party participation in the REACH Authorisation process - further information can be accessed from: .
(ii) In May 2013, a group of 89 scientists urged action by the Commission on endocrine disrupting substances - see declaration at: . See related development in first ‘bullet point’ under item (iii) below
(iii) From April to July 2013, the Commission:
• Published a report from the Joint Research Council on the key scientific issues relevant to the identification and characterisation of endocrine disrupting substances - the report is accessible from: . See item (a) under ‘Next Steps’.
• Tabled changes to the Biocide Regulation (EU) No. 528/2012 to correct errors and inconsistencies in the legislative text - see proposals at: .
As it stands, the existing Regulation prohibits sales of new articles treated with biocides that have been approved by MS but not at EU level. In its recent legislative proposals, the Commission suggests allowing them on the market if companies seek EU approval by September 2016. In addition, the Commission’s proposals seek to clarify that a ban on biocides containing substances that are persistent, bioaccumulative and toxic (PBT) or very persistent and very bioaccumulative (vPvB) also applies to mixtures. See item (d) under ‘Next Steps’.
• Launched a consultation seeking industry and experts’ views on the potential tightening of the information requirements for nanomaterials under the REACH Regulation. The consultation is at: with a closing date for responses of 13 September 2013. An industry position paper is also accessible at: . Options include finding ways to reduce the economic burden of compliance by cutting some information requirements or maximising the use of cheaper ‘non-testing methods’. In practice, this would mean basing some nanomaterials information on computer modelling, or on data for similar substances. A range of possible updates to REACH clarifying companies’ obligations regarding nanomaterials have also been put forward in the consultation. In addition, the consultation states that the existing requirements are too general and do not ensure that sufficient information is provided on nanomaterials. The REACH Annexes could be changed to require specific information on a chemical’s nano-form where it is Registered together with its bulk form. Extra testing to demonstrate safe use may also be needed where the existing information requirements are not tailored for nanomaterials.
Alternatively, clarity could be improved using updated guidance from the ECHA or ‘frequently asked questions’ documents. The Commission may bring forward a proposal by the end of 2013, after its review of REACH () concluded that clarification was needed in relation to nanomaterials. Another possible option put forward is to do nothing, on the basis that REACH already offers all required possibilities to manage nanomaterials. However, the European Environment Agency has argued the precautionary principle should be more strongly applied in relation to new technologies such as nanomaterials. See item (c) under ‘Next Steps’.
(iv) Between April and July 2013, the ECHA published:
• An update on when to submit requests for REACH Authorisations - see information at: .
• An announcement that a further six substances of Very High Concern (SVHCs) had been added to the REACH candidate list - further details are available from: . The substances, which are among ten substances put to consultation by the ECHA in March 2013, were backed by a committee of MS. Included among the six substances are cadmium, cadmium oxide and nonylphenol ethoxylates. The additions bring the total number of SVHCs on the candidate list to 144. SVHCs can eventually end up on REACH's Annex XIV Authorisation list, which means any company wanting to use them after a set date must seek approval. See related development in the third ‘bullet point’ under item (v) below.
• An update confirming that a further 2,923 substances were Registered under REACH by 31 May 2013 - the Regulation’s second Registration deadline - see further details at: . The deadline applied to substances manufactured in or imported to the EU in quantities of between 100 and 1,000 tonnes per year. Out of the 2,923 ‘phase-in’ substances (chemicals already on the market) Registered ahead of the deadline, 579 are still undergoing a completeness check. These checks will be completed by 31 August 2013, with final Registration figures provided in early September 2013. A total of 9,084 Registration dossiers were filed by companies from all 27 MS. The highest number of dossiers came from Germany (31%), followed by the UK (12%) and Italy, France and the Netherlands (roughly about 8% each). The same ranking was observed at the end of the first Registration period in 2010. Large firms accounted for about 81% of submissions, compared with 19% for SMEs. The ECHA will check 5% of dossiers in each tonnage band to determine whether they comply with data requirements. The REACH Regulation’s third and last Registration deadline is on 31 May 2018. It applies to even smaller volumes of substances manufactured in or imported to the EU in quantities of between one and 100t/yr.
• A roadmap on enhancing the quality of information communicated in the exposure scenarios included in Chemical Safety Reports and in the extended Safety Data Sheets (these documents hold essential information on the safe use of chemical substances and mixtures for downstream users, authorities and REACH Registrants alike) - further details on the roadmap can be accessed from: .
• A statement indicating that the Agency had dropped a plan to include flame retardant deca-BDE in the REACH Authorisation list. Instead, the ECHA is now preparing a proposal to restrict its use under Annex XVII of the REACH Regulation - the Agency’s statement is accessible from: .
(v) From April to July 2013, the ECHA launched:
• A consultation seeking views on the Agency’s draft multi-annual work programme covering 2014 to 2018 - the consultation (together with the associated work programme) is accessible at: and the closing date for responses was 15 July 2013. The programme has four strategic aims, agreed by the ECHA management board in early 2013: (a) ensuring the quality of chemical data; (b) intelligent use of that data to reduce risks; (c) keeping abreast of new scientific challenges; and (d) working more efficiently to tighter budgets. A series of targets will be drawn up to measure progress against the strategic aims, but for now the ECHA has made estimates of its future workload. These include processing nearly 6,000 Registration dossiers per year to 2017 and then an estimated 69,000 in 2018. The surge is expected because 2018 is the last of three deadlines for Registering substances under the REACH Regulation, covering substances imported or manufactured above one tonne per year. In addition, the Agency expects to process up to 50 proposals for new Substances of Very High Concern (SVHC) per year to 2018 - although, this depends on the outcome of the European Commission’s SVHC roadmap published in February 2013 (). Approximately ten proposals for restrictions per year are expected to 2018. Restrictions limit or ban the manufacture, placing on the market or use of certain substances. From late in 2013, the Agency will be managing the new Biocides Regulation. It expects just five applications for new active substances per year. The Agency is also due to administer the EU regime on prior Informed consent (PIC) for the import and export of certain hazardous substances. It is planning for 4,000-5,900 notifications under PIC per year.
• Consultations to support the Committee for Risk Assessment (RAC) when adopting an opinion concerning a specific issue related to the classification and labelling of a substance, where such an opinion is requested by the Executive Directive of the ECHA. Details on the consultations and associated closing dates for responses are available at: . The ECHA’s Executive Director may request that the RAC draw up an opinion on any other aspects concerning the safety of substances on their own, in mixtures or in articles according to Article 77(3) of the REACH Regulation.
• A consultation on proposals to include another six substances for Authorisation under REACH. The consultation which runs until the end of September 2013 is accessible from: . There are currently 22 substances on the Authorisation list (Annex XIV), which means any firm wanting to use them after a set date must get the green light from the ECHA. The present Authorisation list is available at: . After the stakeholder consultation, the Agency will finalise its recommendations and submit them to the Commission for approval.
• A consultation on MS proposals to include certain substances in the EU Classification, Labelling and Packaging (CLP) Regulation (EC) No. 1272/2008, Annex VI, Part 3 (list of harmonised classifications). Details on the consultation and associated closing dates for responses are at: . The comments received in response to the consultation will inform the scientific opinion of the ECHA’s RAC, which will then be sent to the Commission. In the case of a final approval of the proposals, manufacturers, importers and suppliers of the substances will have to abide by the classification, labelling and packaging requirements set out in the EU CLP Regulation.
Next Steps:
(a) By June 2015, the Commission is to make recommendations on any changes that might be needed to the REACH Regulation’s approach to endocrine disrupters.
(b) A second review of Annex XVII of REACH (which lays down restrictions on the manufacture, placing on the market and use of certain dangerous substances, preparations and articles) is likely to be undertaken in 2013. The review would aim to improve the coherence and terminology and facilitate implementation. It would also include all substances that industry did not submit comments on in time for the first review of Annex XVII.
(c) In December 2013, the Commission is expected to publish proposals which will clarify how the risks of nanomaterials should be managed under REACH.
(d) By the end of 2013, Commission proposals for revising the Biocides Regulation (EU) No. 528/2012 in order to correct errors and inconsistencies in the legislative text pertaining to new articles treated with biocides are expected to be adopted.
(e) By 2014, the Commission will carry out another review of REACH to determine whether or not it should be further amended to extend the requirements of Chemical Safety Assessments and Chemical Safety Reports for substances identified as being CMRs.
(f) By 2019, the Commission will undertake additional REACH-related reviews on: (i) the requirements for Chemical Safety Assessments for other substances; (ii) animal testing methods for PBT and vPvB substances; and (iii) the information requirements for suppliers.
DECC / EDU Focal Point: David Foskett
[Link to details in Contacts Matrix]
[Back to Contents Page]
Emissions Trading System (EU-ETS)
[Revised Directive 2009/29/EC]
Legislative Background: The EU-ETS Directive introduced an emissions trading scheme for industrial sectors across the EU.
|Commission Legislation |
|EU-ETS Directive 2003/87/EC | |
|Revised EU-ETS Directive 2009/29/EC | |
|EU-ETS Registries Regulation (EU) No. 920/2010 | |
|EU-ETS Decision 2010/634/EU - Adjusting Union-wide quantity of | |
|allowances | |
|EU-ETS Auctioning Regulation (EU) No. 1031/2010 | |
|EU-ETS Decision 2011/278/EU - Determining the transitional Union-wide | |
|rules for the free allocation of allowances | |
|EU-ETS Amended Auctioning Regulation (EU) No. 1210/2011 | |
|EU-ETS Single Union-wide Registry Regulation (EU) No. 1193/2011 | |
|EU-ETS Phase III Accreditation and Verification Regulation (EU) No. | |
|600/2012 | |
|EU-ETS Phase III Monitoring and Reporting Regulation (EU) No. 601/2012 | |
|EU-ETS Amended Auctioning Regulation (EU) No. 784/2012 | |
|EU-ETS Amended Auctioning Regulation (EU) No. 1042/2012 | |
|UK Implementing Legislation |
|The Greenhouse Gas Emissions Data and National Implementation Measures | |
|Regulations 2009 | |
|The Energy Act 2008 (Consequential Modifications) (Offshore | |
|Environmental Protection) Order 2010 | |
|The Value Added Tax (Emissions Allowances) Order 2010 | |
|Environment Agency Direction on Person Holding Accounts |
| |/Tackling%20Climate%20Change/Emissions%20Trading/eu_ets/euets_phase_2/910-env-act-1995-gre|
| |enhouse-gas-direction.pdf |
|The Greenhouse Gas Emissions Trading Scheme (Amendment) (Fees) and | |
|National Emissions Inventory Regulations 2011 | |
|The Greenhouse Gas Emissions Trading Scheme (Amendment) (Registries and| |
|Fees) Regulations 2011 | |
|The Recognised Auction Platforms Regulations 2011 | |
|Environment Agency EU-ETS charging scheme for 2012 / 2013 |
| |ng_scheme_2012-13.pdf |
|The Community Emissions Trading Scheme (Allocation of Allowances for | |
|Payment) Regulations 2012 | |
|The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging | |
|Schemes) Regulations 2012 | |
|The Greenhouse Gas Emissions Trading Scheme Regulations 2012 | |
|Direction under regulation 52(4) of the Greenhouse Gas Emissions |
|Trading Scheme Regulations 2012 |ection-given-by-the-secretary-of-state-under-.pdf |
|Direction under paragraphs 3(2), 3(11) and 6(8) of Schedule 5 to the |
|Greenhouse Gas Emissions Trading Scheme Regulations 2012 |ection-given-by-the-secretary-of-state-under-.pdf |
Recent Legislation (details to be added to the above tables (as appropriate) in the August 2013 edition of the Register):
The Environment Agency (EA) has published details on the EU-ETS Charging Scheme 2013/14 which sets out charges to be placed on Operators and recovered by the EA. The Charging Scheme entered into force on 1 April 2013 and replaces the 2012/13 Charging Scheme. Details on the Charging Scheme 2013/14 and associated guidance can be accessed from: and respectively.
On 4 May 2013, Commission Regulation (EU) No. 389/2013 on a Union Registry for Phase III of the EU-ETS entered into force (see Regulation at: ). The Regulation establishes general, operational and maintenance requirements for the Union Registry covering the trading period commencing on 1 January 2013 (‘Phase III’) and subsequent periods concerning, in particular, the: (a) independent transaction log provided for under the EU-ETS Directive 2003/87/EC; and (b) registries provided for under EU Decision 280/2004/EC. The Regulation also provides for a communication system between the Union Registry and the United Nations Framework Convention on Climate Change (UNFCCC) International Transaction Log (ITL). The Regulation also applies to allowances created for the trading period of the EU-ETS commencing on 1 January 2013 and subsequent periods; annual emission allocation units; and Kyoto units. The Regulation further repeals Regulation (EU) No. 1193/2011 and Regulation (EU) No. 920/2010 with effect from 1 October 2013 (see details in table above).
On 10 July 2013, the EU Climate Change Committee approved draft legislation on international credit entitlements during Phase III of the EU-ETS - see draft Regulation (proposed by the Commission in June 2013) at: . The proposed Regulation specifies the maximum limits for using carbon offsets from the UN’s Clean Development Mechanism (CDM) and Joint Implementation (JI) scheme in Phase III (2013 - 2020) of the EU-ETS. See ‘Next Steps’.
Current Position:
(i) In June 2013, the Commission:
• Published details on the timetable for the EU-ETS banking process and the next upgrade of the Union Registry - see further information at: .
• A consultation on a methodology for an EU Decision to determine the list of sectors and subsectors deemed to be exposed to a significant risk of carbon leakage for the period 2015 - 2019. The consultation (plus associated documentation) is at: with a closing date for responses of 30 August 2013.
(ii) In June 2013, BusinessEurope issued a Press Release announcing that it was totally focused on the long term solutions to rebalance Europe’s energy and climate policy to address cost competitiveness - the Press Release is available at: . This includes a commitment to make the EU-ETS the cornerstone of a market-based and cost-effective strategy to reduce CO2 emissions. To this end, BusinessEurope stated that it continued to oppose short term political interventions in the current EU-ETS through initiatives such as the proposals on the backloading of emission allowances.
(iii) The Energy Research Centre of the Netherlands and Cambridge Econometrics recently published a report titled ‘Splitting the EU-ETS: Strengthening the scheme by differentiating its sectoral carbon prices’ - the report is accessible at: .
(iv) On 3 July 2013, the EP agreed that 900 million CO2 allowances should be withheld from the EU-ETS to boost carbon prices, subject to proof that sectors at risk of carbon leakage would not be harmed (MEPs stated that the plan should be conditional on assessments showing there will be no negative impact on these sectors) - see EP Statement at: . MS must now approve the draft legislative measure. Some compromise amendments agreed in June 2013 among the EP’s three biggest groups were rejected. These included a controversial requirement for the backloaded allowances to be reintroduced into the market much earlier than the Commission had initially proposed. That rule would have significantly weakened the potential of backloading to boost carbon prices because the period of artificial scarcity would have been much shorter. Several members of a MS Committee on Climate Change were opposed to this. MEPs also rejected another compromise amendment whereby revenues from 600 million backloaded allowances would have been set aside for funding measures to support energy-intensive industries. MS held divergent views on this provision, which would have cut their income from carbon auctions. See ‘Next Steps’.
Next Steps:
Commission to issue during 2013 formal legislation on: (a) changing the carbon auctioning schedule for Phase III of the EU-ETS; and (b) on the use of international carbon credit entitlements during Phase III of the EU-ETS.
DECC / EDU Focal Point: Evelyn Pizzolla
[Link to details in Contacts Matrix]
[Back to Contents Page]
Environmental Impact Assessment (EIA) Directive
[Directive 2011/92/EU]
Proposed Revisions
Background: On 26 October 2012, the Commission published proposals to revise Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment - details on the draft proposal can be accessed at: . The aim of the existing Directive is to protect the environment by ensuring that competent authorities (CAs) in giving consent for certain projects to proceed, make decisions in the knowledge of any likely significant effects on the environment. The intention of the Commission’s proposals is to streamline the EIA process and reduce burdens on business and CAs through the introduction of a number of provisions such as:
(a) revised screening and scoping requirements for projects (screening is a process undertaken to determine whether certain projects can be exempted from the EIA process on the grounds that there will be no significant environmental impact, and scoping is a process whereby the relevant CA formally advises the applicant in relation to the content of an EIA);
(b) co-ordinated approaches to EIA assessments / decision-making by national CAs;
(c) the use of accredited experts in EIA procedures (by businesses and CAs); and
(d) the setting of prescribed deadlines for the EIA process (and by implication development consent decisions).
The stated key objectives of the above provisions are to ensure that only projects with potentially significant impacts are subject to an environmental impact assessment and to accelerate the process.
Current Position:
(i) The Commission recently published:
• Guidance providing information to help MS improve the way that climate change and biodiversity issues are integrated into Environmental Impact Assessment (EIA) procedures - the guidance is at: .
• Guidance which provides user-friendly and practical information on the application of the Environmental Impact Assessment (EIA) procedure for large-scale transboundary projects - the guidance is at: .
(ii) In May 2013, the Irish Presidency issued a compromise text on the Commission’s proposal for revising the EIA Directive - see text at: . The Lithuanian Presidency has also put forward its own compromise text (not publicly available) which basically builds on the Irish Presidency’s text. The Presidency texts have taken on-board many of the concerns raised by the UK and other MS on the Commission’s proposals. For instance, the texts make the co-ordination of environmental assessment required under EU law voluntary rather than mandatory; remove the requirement for mandatory scoping in all cases; and take out the requirement for a competent authority to use accredited experts to assess the quality of a developer’s EIA report. The Lithuanian Presidency is keen to reach a 1st Reading Agreement with the EP and Council on updated proposals for revising the EIA Directive before the European elections in 2014. See related development below.
(iii) In a vote on 11 July 2013, the EP’s Environment Committee approved its recommended amendments to the EIA Directive - see the EP’s Committee amendments at:. and respectively. In essence, the EP generally supports most of the Commission’s proposals - subject to significant amendments which are more stringent in many areas (although with some limited flexibility).
Next Steps:
(a) EDU to continue liaising with the Department of Communities and Local Government (DCLG) - the lead UK Department on the Commission’s proposals - and others (e.g. Defra, BIS, Government Agencies and the Devolved Administrations) to: (i) explore the potential implications of the EIA revisions on UK energy sectors; and (ii) work towards the preparation of an appropriate UK negotiating strategy for future deliberations at EU-level. EDU to also maintain contact with Oil & Gas UK on the possible impacts of the EIA revision proposals on the offshore oil and gas sector.
(b) By the end of 2013 or in early 2014 the proposals for revising the EIA Directive might be formally adopted at EU-level.
DECC / EDU Focal Point: David Foskett / Derek Saward
[Link to details in Contacts Matrix]
[Back to Contents Page]
Environmental Liability Directive (ELD)
[Directive 2004/35/EC]
Legislative Background: The ELD aims to prevent imminent threats of environmental damage and ensure complementary / compensatory remediation for significant environmental damage.
|Commission Legislation |
|ELD Directive 2004/35/EC | |
|UK Implementing Legislation |
|The Environmental Damage (Prevention and Remediation) (Amendment) | |
|Regulations 2009 | |
|The Environmental Damage (Prevention and Remediation) (Wales) Regulations | |
|2009 | |
|The Environmental Liability (Scotland) Regulations 2009 | |
|The Environmental Liability (Prevention and Remediation) (Amendment) | |
|Regulations (Northern Ireland) 2009 | |
|The Environmental Damage (Prevention and Remediation) (Amendment) | |
|Regulations 2010 | |
|The Environmental Liability (Scotland) Amendment Regulations 2011 | |
|The Environmental Liability (Prevention and Remediation) (Amendment) | |
|Regulations (Northern Ireland) 2011 | |
Defra has published revised guidance on the Environmental Damage (Prevention and Remediation) Regulations - the guidance (for England and Wales) is at: .
Current Position:
In May 2013, the Commission published:
• A report examining the challenges and obstacles relating to the implementation of the ELD - including a legal analysis of the integration into existing national legal frameworks in sixteen MS, as well as an empirical study of how the regime is applied in seven MS. The report is downloadable from: .
• A report examining the feasibility of establishing a fund or a risk-pooling scheme to address liabilities for environmental damage resulting from major industrial accidents involving pollution. The report (downloadable from: ) covers key design and implementation elements, so as to provide practical guidance to the EU on the possible creation of such a fund or scheme.
The two reports will feed into a Commission review of the ELD - see item (b) under ‘Next Steps’.
Next Steps:
(a) EDU to continue assessing: (i) potential impacts of national ELD Regulations and proposals at EU-level for revising the Directive (see Safety of Offshore Oil and Gas Activities below) on all existing as well as future offshore related activities; and (ii) the outcomes of a future EU ‘general’ review of the ELD (see item (b) below).
(b) Commission to undertake a general review of the ELD in 2014.
DECC / EDU Focal Point: David Foskett
[Link to details in Contacts Matrix]
[Back to Contents Page]
European Pollutant Release and Transfer Register (E-PRTR)
[Regulation (EC) No. 166/2006]
Legislative Background: The E-PRTR covers over 90 pollutants from industrial facilities. MS are to annually report emissions and off-site waste transfers.
|Commission Legislation |
|E-PRTR Regulation (EC) No. 166/2006 | |
Under the UN-ECE PRTR Protocol, the UK developed the UK-PRTR for capturing data, which Defra launched in April 2009 - . In November 2009, the E-PRTR went live - .
Current Position:
During the third-quarter of 2013, EDU will start preparing datasets on 2012 emissions, discharges and waste transfers from relevant offshore installations for the next UK-PRTR / E-PRTR reporting exercise.
DECC / EDU Focal Point: David Foskett
[Link to details in Contacts Matrix]
[Back to Contents Page]
Fluorinated Greenhouse Gases Regulation
[Regulation (EC) No. 842/2006]
and
Ozone-Depleting Substances (ODS) Regulation
[Regulation (EC) No. 1005/2009]
Legislative Background: The EU F-Gases Regulation aims to prevent / minimise emissions of hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulphur hexafluoride (SF6) from refrigeration, air conditioning units, high voltage switchgear, heat pumps and fire-protection systems. As well as provisions for suppliers of equipment, there are obligations on users relating to the containment of F-gases (i.e. via leakage checking). The objective of the EU ODS Regulation is to prevent / reduce emissions of ODS in accordance with the Montreal Protocol.
|Commission Legislation |
|F-Gases Regulation (EC) No. 842/2006 | |
|EU Supplemental F-Gases Legislation | |
|Ozone-Depleting Substances (ODS) | |
|Regulation (EC) No. 1005/2009 | |
|ODS Regulation No. 744/2010 (Annex VI -| |
|critical uses) | |
In November 2012, the Commission issued proposals for revising the F-Gases Regulation (EC) No. 842/2006 - the proposals and other associated information are at: .
|UK Implementing Legislation |
|The GB Fluorinated Greenhouse Gases Regulations 2009 | |
|The GB Ozone-Depleting Substances (Qualifications) Regulations 2009 | |
|The F-Gases Regulations (Northern Ireland) 2009 | |
|The Energy Act 2008 (Consequential Modifications) (Offshore | |
|Environmental Protection) Order 2010 | |
|The GB Environmental Protection (Controls on Ozone-Depleting Substances)| |
|Regulations 2011 | |
|The Controls on Ozone-Depleting Substances (ODS) Regulations (Northern | |
|Ireland) 2011 | |
|The ODS (Qualifications) Regulations (Northern Ireland) 2011 | |
|The Fluorinated Greenhouse Gases (Amendment) Regulations (Northern | |
|Ireland) 2012 | |
EDU has placed on the ‘Gov UK’ website industry guidance documents on the EU F-Gases Regulation (which includes details on the Commission’s proposals (published in November 2012) for revising the Regulation) and the ODS Regulation - latest versions are available at: and . The Government has produced generic guidance and information sheets on all aspects of the F-Gases and ODS Regulations, which are accessible from: .
Current Position:
(i) World governments are moving closer to reaching agreement on curbing HFC emissions under the 1987 Montreal Protocol that regulates ozone-depleting substances. On 8 June 2013, the US and China agreed to work together to cut the production and use of the gases, including through the Protocol - see announcement at: . The EU has proposed a decision for agreement at the UN climate talks in Warsaw (November 2013), urging countries to take measures under the Montreal Protocol to curb HFCs - see further details on the decision at: . The Protocol is deemed by the EU to have been effective in phasing down ozone-depleting gases and its secretariat and related agencies are considered to have considerable expertise in dealing with the refrigeration and air conditioning sectors.
(ii) The European Partnership for Energy and the Environment (EPEE) recently announced its concerns about the direction of EP negotiations on the proposed revisions of the EU F-Gases Regulation and the fear that the EP’s Environment Committee might agree on sweeping product bans for refrigeration and air-conditioning equipment in 2020 - the EPEE’s Statement can be accessed at: . The EPEE believes that such a decision would be disproportionate, technically unfeasible and counterproductive. According to the EPEE there is no perfect refrigerant and HFC alternatives are flammable, toxic or less energy-efficient and are not suitable for all applications. The EPEE also stressed that general bans would jeopardise the health and safety of consumers, the EU’s climate and energy goals and the European industry’s competitiveness. The EPEE therefore urged the EP to support an EU phase-down mechanism and to reject general bans. See related development below.
(iii) In June 2013, the EP indicated that it will push for producers and importers of HFCs to pay €10 per tonne of CO2 equivalent to place F-gases on the market, as part of a range of measures to strengthen the Commission’s draft proposals for revising the EU F-Gases Regulation - see EP’s Environment Committee Statement and compromise amendments at: and respectively. The EP’s Environment Committee also wants to ban exports of certain products containing HFCs to prevent the dumping of phased-out products overseas. Examples of such products include fire extinguishers containing HFC-23 as well as some refrigerators and air-conditioning appliances. The Environment Committee, which was voting on the draft Regulation on 19 June 2013, stated that the amount of HFCs placed on the market in 2030 should be reduced to 16% of 2009-12 levels, down from 21% in the Commission’s proposal. In addition, the EP’s Environment Committee called for bans on further products, including a 2016 deadline for certain types of stationary refrigeration equipment and a 2020 cut-off for mobile refrigeration equipment containing F-gases. The Environment Committee believes safe, energy-efficient and cost-effective alternatives are available for these products.
(iv) The Lithuanian Presidency aims to achieve EU-level agreement on the proposed revisions to the F-Gases Regulation during its six-month term - see Lithuanian Minister’s Statement at: .
Next Steps:
(a) EDU to continue liaising with Defra (plus BIS) on: (i) developing a suitable UK position for future EU-level negotiations on the proposed revisions to the F-Gases Regulation; and (ii) the transposition of the new Regulation (i.e. to ensure that the offshore sector is appropriately covered).
(b) The EU also plans to undertake further reviews of Annex VI to the ODS Regulation and, if appropriate, adopt modifications / timeframes for phasing out `critical uses’ of halons by defining revised ‘cut off dates’ for new appliances and ‘end dates’ for existing equipment - taking into account the availability of technically and economically feasible alternatives or technologies.
DECC / EDU Focal Point: David Foskett
[Link to details in Contacts Matrix]
[Back to Contents Page]
Industrial Emissions Directive (IED)
[Directive 2010/75/EU]
Legislative Background: The Industrial Emissions Directive (IED) aims to control emissions of specific pollutants from various industrial sources (the IED brings together the provisions of seven Directives on industrial emissions which it replaces).
|Commission Legislation |
|IED Directive 2010/75/EU | |
|Decision 2012/795/EU (IED | |
|implementation questionnaire) | |
|UK Implementing Legislation for IPPC Directive |
|The Offshore Combustion Installations (Prevention and Control of | |
|Pollution) Regulations 2001 | |
|The Offshore Combustion Installations (Prevention and Control of | |
|Pollution) (Amendment) Regulations 2007 | |
|The Energy Act 2008 (Consequential Modifications) (Offshore | |
|Environmental Protection) Order 2010 | |
Recent Legislation (details to be added to the above tables (as appropriate) in the August 2013 edition of the Register):
On 19 May 2013, the Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013 (details at: ) entered into force. The Regulations appropriately transpose / enforce the relevant provisions of the IED on offshore platforms with combustion installations ≥ 50MWth.
As with the Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001 (as amended) [which, in accordance with transitional provisions in the 2013 Regulations, remain in force until 7 January 2014], the Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013 will only focus on controlling (via permits) specific atmospheric emissions from eligible platforms, due to the fact that discharges to water from all offshore facilities of any of the pollutants listed in Annex II to the IED are already effectively controlled / permitted under the Offshore Chemicals Regulations 2002 (as amended) and the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 (as amended). See ‘Next Steps’ below.
Next Steps
EDU will revise the Guidance Notes to the Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001 (as amended) and the guidance / forms pertaining to ‘PPC permit applications and reporting obligations’ in order to reflect the requirements of the Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013. The offshore industry will be consulted during September (or October) 2013 on drafts of the revised documentation before updated versions are formally published.
DECC / EDU Focal Point: Evelyn Pizzolla / David Foskett
[Link to details in Contacts Matrix]
[Back to Contents Page]
INSPIRE – Spatial Information for Europe
[Directive 2007/2/EC]
Legislative Background: INSPIRE aims to improve the availability of EU geographical data for environmental policy making, by requiring MS to put data on publicly accessible networks.
|Commission Legislation |
|INSPIRE Directive 2007/2/EC | |
|INSPIRE Regulation (EU) No. 102/2011 on interoperability| |
|of spatial data sets and services | |
|UK Implementing Legislation |
|The INSPIRE Regulations 2009 | |
|The INSPIRE (Scotland) Regulations 2009 | |
|The INSPIRE (Amendment) Regulations 2012 | |
|The INSPIRE (Scotland) Amendment Regulations 2012 | |
Current Position:
On 14 June 2013, the Commission launched a consultation seeking stakeholder views on the establishment and implementation of a Common Information Sharing Environment (CISE) for the surveillance of the EU maritime domain. The consultation is at: with a closing date for responses of 14 September 2013.
Next Steps:
(a) EDU to establish how information on the offshore energy sector - such as that obtained via the `Marine Environmental Data and Information Network’ and other wider aspects - should be integrated into the UK’s INSPIRE implementation plans.
(b) The EU is expected to adopt additional measures (details at: ) in relation to Article 17 (Data Sharing) - adoption of proposal likely in 2013.
(c) The EU also plans to issue in 2013 a proposal for a Shared Environmental Information System (details at: ) and linking it with INSPIRE.
DECC / EDU Focal Point: David Foskett / Kevin O’Carroll (for MEDIN project only)
[Link to details in Contacts Matrix]
[Back to Contents Page]
Mercury Strategy
[COM(2005)20final]
Banning of Exports and the Safe Storage of Metallic Mercury
[Regulation (EC) No 1102/2008]]
and
Specific Criteria for the Storage of Metallic Mercury considered as waste
[Directive 2011/97/EU]
Legislative Background: The Strategy and associated Commission legislation aim to protect human health and the environment from releases of mercury.
|Commission Legislation |
|Regulation (EC) No. 1102/2008 - banning | |
|of exports / safe storage of metallic | |
|mercury | |
|Directive 2011/97/EU setting out specific| |
|criteria for the storage of metallic | |
|mercury considered as waste* | |
* In line with the obligations of the supplemental Mercury Storage Directive 2011/97/EU (“the MSD”), UK transposition (by Defra) will explicitly focus on ‘landfill operations’. This means that there will be no regulatory impacts on the offshore oil and gas industry from national transposition of the MSD.
|UK Implementing Legislation |
|The Mercury Export and Data (Enforcement) Regulations 2010 | |
EDU has prepared guidance for offshore Operators on the key obligations they will need to comply with to meet the requirements of Regulation (EC) No. 1102/2008 - the guidance is at: . Defra has also produced guidance on the 2010 UK Mercury Regulations which is at: .
Next Steps
(a) EDU to continue liaising with Oil & Gas UK / Operators regarding the effective enforcement offshore of the relevant provisions of the UK Mercury Export and Data (Enforcement) Regulations 2010.
(b) During 2013, the Commission may propose revisions to Regulation (EC) No. 1102/2008 - proposals will take into account the outcomes of the UN negotiations for a global legally binding instrument on mercury (see Press Release from the UN Environment Programme concerning the Minimata Convention at: ).
DECC / EDU Focal Point: David Foskett
[Link to details in Contacts Matrix]
[Back to Contents Page]
Natura 2000 Network
[Habitats Directive 92/43 EEC]
Legislative Background: As required under the Habitats Directive, Natura 2000 is a network of sites designated for protection by MS. The EU’s Strategy to halt the loss of biodiversity and ecosystem services in Europe by 2020 emphasises the importance of effectively implementing the Natura 2000 Network.
|Commission Legislation |
|Habitats Directive 92/43/EEC | |
|EU Biodiversity Strategy to 2020 | |
|Decision 2012/13/EU list of sites in Atlantic | |
|biogeographical region to be designated SACs (EU | |
|Decision is now repealed - see new Decision below) | |
|Decision 2013/26/EU sixth updated list of sites around| |
|the Atlantic biogeographical region, to be designated | |
|as SACs | |
|UK Implementing Legislation |
|The Offshore Marine Conservation (Natural Habitats) Regulations 2007 | |
|The Offshore Petroleum Activities (Conservation of Habitats) (Amendment)| |
|Regulations 2007 | |
|The Offshore Marine Conservation (Natural Habitats) (Amendment) | |
|Regulations 2010 | |
|The Energy Act 2008 (Consequential Modifications) (Offshore | |
|Environmental Protection) Order 2010 | |
|The Offshore Marine Conservation (Natural Habitats) (Amendment) | |
|Regulations 2012 | |
In March 2013, the Commission published legislative proposals for a common EU framework to facilitate the establishment by MS of Integrated Coastal Zone Management (ICZM) and Marine Spatial Plans (MSP). The proposals and associated information can be accessed from: . See ‘Next Steps’.
Current Position:
(i) In April and May 2013, the Commission published:
• A report which seeks to support the development of a coherent analytical framework for use by MS when mapping and assessing the state of ecosystems and their services - see report at: .
• A guidance manual which represents a scientific reference document for the purposes of interpreting the natural habitat types identified under Annex I of the EU Habitats Directive 92/43/EEC - see guidance manual at: .
• Guidance explaining how site managers and policy makers should take account of the need to adapt to and mitigate the impacts of climate change when managing sites within the Natura 2000 network - the guidance is available from: guidance identifies opportunities for sensible adaptive planning that will contribute towards reducing vulnerability and increasing resilience.
(ii) Defra recently issued:
• A report which provides a comprehensive review of the evidence underpinning the recommended Marine Conservation Zones (MCZs) and identifies new evidence that can be used to support the designation of MCZs. The outputs and conclusions of the project report (available, together with other associated information, at: ) will be considered as part of future MCZ evidence assessments and prior to MCZ designation in 2013.
• A report examining the progress made on measures announced under the implementation review for the EU Habitats and Wild Birds Directives - see the report at: . See related developments below.
• A report summarising the progress made by the Marine Evidence Group (since July 2012) in addressing key evidence gaps identified under the implementation review for the EU Habitats and Wild Birds Directives - the report is accessible from: . In particular, the Marine Evidence Group has agreed five initial recommendations covering how the evidence base can be improved further and how an improved use of evidence might be built into the decision-making system.
• A consultation under the ‘Smarter Guidance (SG) Project’ concerning proposals for future guidance on protected species and wildlife sites - the consultation is at: with closing date for responses of 27 September 2013. Included within the published proposals is an updated version of the new Habitats and Wild Birds guidance - which (to align with the revised guidance structure) is now in two parts:
- one on ‘European Protected Species and Wild Bird licence decisions’; and
- the other on ‘Habitats Regulations Assessments’.
Links to these documents can be found at: (in the ‘basic’ and ‘technical’ guidance sections).
(iii) Natural England has published a number of ‘operational standards’ documents which, amongst others, include:
• Strategic standards for ‘why we do what we do’ - Marine. The operational standard (accessible from: ) explains the role of Natural England with regards to the marine environment.
• Strategic standards for ‘why we do what we do’ - Biodiversity. The operational standard (available from: ) describes the role of Natural England with respect to biodiversity.
• Strategic standards for ‘why we do what we do’ - Ecosystem. The operational standard (see information at: ) outlines the role of Natural England with regards to ecosystem approaches.
(iv) In July 2013, Natural England also published:
• A report examining the options for joint monitoring of the marine environment by statutory nature conservation bodies (Natural England, JNCC and the Environment Agency) and industry - the main report and associated Annexes are available from: .
• Information explaining how Natural England will deliver its responsibilities when providing advice on European site conservation objectives - see further details at: .
• Information explaining key principles that Natural England will follow when delivering advice on the development process on land and at sea - see details at: ..
(v) On 16 July 2013, the Marine Management Organisation (MMO) launched a consultation on the draft East Inshore and East Offshore marine plans. The consultation (including associated documentation) is at: with a closing date for responses of 8 October 2013.
(vi) The Scottish Government recently published:
• A consultation seeking stakeholder views on the first National Marine Plan that will provide a framework for activity that takes place in Scottish waters. The consultation is at: with a closing date for responses of 13 November 2013. It sets out Scottish Ministers’ objectives for the seas and national policies for sustainable development.
• A consultation seeking stakeholder views on the development of a network of Marine Protected Areas (MPAs) for Scottish waters. The consultation is at: with a closing date for responses of 13 November 2013.
• A consultation seeking stakeholder views on a recommended list of priority marine features (PMFs) in Scotland’s seas which comprises 80 habitats and species of marine conservation importance. The consultation is at: with a closing date for responses of 13 November 2013. It is intended that PMFs will be specifically taken into account during future planning and decision making.
• A consultation seeking stakeholder views on a draft planning circular that explains the relationship between the marine and terrestrial planning systems. The consultation is at: with a closing date for responses of 13 November 2013.
• A consultation seeking stakeholder views on the content of the forthcoming Scottish marine litter strategy, which will build on current efforts to reduce marine litter. The consultation is at: with a closing date for responses of 27 September 2013. See related development directly below.
• A statement setting out the results of the strategic environmental assessment (SEA) for the forthcoming national litter and marine litter strategies - see statement at: . Interested parties can submit comments on the findings of the SEA by 27 September 2013.
• A report titled ‘Scottish Marine and Freshwater Science - Connectivity of Benthic Priority Marine Species within the Scottish MPA Network’ - see report at: .
Next Steps:
Defra to lead negotiations with the Commission on the MSP and ICZM proposals - published in March 2013 (see ‘Legislative Background’ above). From a UK perspective, Defra - with support from EDU (in respect to offshore oil / gas activities) - will seek to ensure that the Directive takes into account current national plans on MSP / ICZM plus the need for MS to retain competency in these areas i.e. so that the eventual transposition of any relevant provisions complement existing national arrangements.
DECC / EDU Focal Point: Kevin O’Carroll / Evelyn Pizzolla
[Link to details in Contacts Matrix]
[Back to Contents Page]
Persistent Organic Pollutants (POPs) Regulation
[Regulation (EC) No. 850/2004]
Legislative Background: The EU POPs Regulation aims to reduce emissions of dioxins, furans, PCB and PAHs. The POPs Regulation contained an exemption for equipment containing PCBs, the use of which was permitted until 2010. By way of derogation, equipment with PCBs between 50ppm and 500ppm can be disposed of at the end of its useful life. Operators are to undertake shipments of waste (containing POPs) to shore in line with EA / SEPA guidance.
|Commission Legislation |
|POPs Regulation (EC) No. 850/2004 | |
|POPs Regulation (EU) No. 756/2010 -| |
|Amending Annexes IV and V | |
|POPs Regulation 519/2012/EU - | |
|Amending Annex I | |
Current Position:
In April 2013, Defra published an updated UK National Implementation Plan (NIP) setting out how to implement the obligations arising from the Stockholm Convention on Persistent Organic Pollutants (POPs) and steps that will be taken in the future with regard to the management of POPs - see updated NIP at: .
Next Steps:
EDU to liaise with Oil & Gas UK on the potential implications for offshore Operators of: (i) the EU Regulations amending Annexes I, IV and V of the POPs Regulation; and (ii) any future EU proposals on further POP-waste reduction limits (expected during 2014) and PAH `marine’ releases (which might impact on existing reduction measures under the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 (as amended)).
DECC / EDU Focal Point: David Foskett
[Link to details in Contacts Matrix]
[Back to Contents Page]
Safety of Offshore Oil and Gas Operations
[Directive 2013/30/EU amending Directive 2004/35/EC]
Background: On 28 June 2013, the Commission published the Directive on the safety of offshore oil and gas operations. The Directive (available at: ) entered into force on 18 July 2013. MS have until 19 July 2015 to transpose the Directive’s provisions into national law, which must be applied to planned offshore installations by 19 July 2016 and to existing installations by 19 July 2018.
Core aspects of the Directive are:
➢ Operators will be financially liable for the remediation of environmental damage caused by their offshore activities. In this context, the Environmental Liability Directive 2004/35/EC has been extended to all EU waters (see Environmental Liability Directive (ELD) above). However, the Directive recognises that no existing financial security instruments can accommodate all possible consequences of major accidents. As a result, the Commission will investigate the most appropriate measures to ensure that a robust liability regime (including a compensation scheme) is in place.
➢ MS will have to set up an overarching national competent authority (CA) in charge of overseeing compliance.
➢ Operators will be required to produce a number of documents such as reports on major hazards and internal and external emergency response plans. Information about what these documents should contain is described in Annexes to the Directive.
➢ European companies will also be expected to apply the same major accident prevention policy to operations outside of the EU. In addition, companies will be required to submit reports on major overseas accidents when requested by the CA in their country of registration.
Next Steps:
(a) EDU to work with the HSE and other Government Departments / Agencies (i.e. Defra and DfT / MCA) plus Devolved Administrations to put in place arrangements for transposing the Directive (e.g. amending / revising existing legislation, introducing new Regulations (where deemed necessary), using administrative procedures (if practical) and establishing a suitable website for the dissemination of regulatory information plus guidance). Oil and Gas UK / offshore Operators and other stakeholders will be consulted on the UK’s implementation plans.
(b) Commission to review Directive (plus MS experience of transposition) in 2019.
DECC / EDU Focal Point: Kevin O’Carroll
[Link to details in Contacts Matrix]
[Back to Contents Page]
OTHER RELEVANT EU ISSUES – WHERE DECC / EDU HAS EITHER A LIMITED OR NO DIRECT ENFORCEMENT ROLE
Batteries and Accumulators Directive
[Directive 2006/66/EC]
Legislative Background: The Directive on Batteries and Accumulators and Waste Batteries and Accumulators is a `producer responsibility’ Directive. It sets technical requirements for the design / manufacture of all types of new batteries and accumulators (rechargeable batteries) and requirements for their collection / recycling. Different technical and collection / recycling requirements apply depending on whether the battery concerned is defined as `portable’ or `industrial’.
|Commission Legislation |
|Batteries and Accumulators Directive 2006/66/EC | |
|Batteries and Accumulators Regulation 1103/2010/EU - capacity | |
|labelling of portable secondary (rechargeable) batteries / | |
|accumulators | |
|Batteries and Accumulators Regulation 493/2012/EU - calculation of | |
|recycling efficiencies for waste batteries and accumulators | |
|UK Implementing Legislation |
|The Batteries and Accumulators (Placing on the Market) Regulations 2008 | |
|The Waste Batteries and Accumulators Regulations 2009 | |
|The Batteries and Accumulators (Placing on the Market) (Amendment) | |
|Regulations 2012 | |
Next Steps:
Commission to complete a review of Recycling Directives during 2013. The aim will be to simplify existing product specific legislation on waste such as the Batteries and Accumulators Directive and ensure its coherence with the Waste Framework Directive (see WFD below).
DECC / EDU Focal Point: David Foskett
[Link to details in Contacts Matrix]
[Back to Contents Page]
Waste Electrical and Electronic Equipment (WEEE) Directive
[Revised Directive 2012/19/EU]
Legislative Background: The purpose of the Directive is to promote the reuse, recycling and recovery of WEEE so as to reduce disposal. It also seeks to improve the environmental performance of all operators involved in the life cycle of electrical and electronic equipment e.g. producers, distributors and consumers (including industry).
|Commission Legislation |
|WEEE Directive 2002/96/EC | |
|WEEE (Amendment) Directive | |
|2008/112/EC | |
|Revised WEEE Directive 2012/19/EU| |
|UK Implementing Legislation |
|The Waste Electrical and Electronic Equipment (Amendment) (No.2) | |
|Regulations 2009 | |
|The Waste Electrical and Electronic Equipment (Amendment) Regulations | |
|2010 | |
Current Position:
(i) In April 2013, BIS launched a consultation seeking views on proposals to implement the revised EU Waste Electrical and Electronic Equipment (WEEE II) Directive 2012/19/EU - the consultation is at: and the closing date for responses was 21 June 2013.
(ii) In July 2013, the Commission published a frequently asked questions (FAQ) document which seeks to clarify certain aspects of the revised WEEE Directive for regulatory authorities and economic operators - see FAQ document at: .
Next Steps:
(a) EDU to continue monitoring developments - including proposed UK legislation to implement the provisions of the revised WEEE Directive - and ensure Oil & Gas UK is alerted to any potential impacts for the offshore industry.
(b) The Commission will complete a review of Recycling Directives in 2013. The aim will be to simplify existing product specific legislation on waste such as the revised WEEE Directive and ensure its coherence with the Waste Framework Directive (see WFD below).
DECC / EDU Focal Point: David Foskett
[Link to details in Contacts Matrix]
[Back to Contents Page]
Waste Framework Directive
[Directive 2008/98/EC]
and
Shipment of Waste Regulation
[Regulation (EC) No. 1013/2006]
Legislative Background: The Commission proposed - in December 2005 - a Thematic Strategy on the Prevention and Recycling of Waste. The Strategy included revisions to the Waste Framework Directive (WFD). Proposed key changes to the WFD involved: (i) simplifying existing legislation (i.e. the repeal of the Hazardous Waste and Waste Oils Directives and the incorporation of the aspects of those Directives that remain pertinent into the revised WFD); and (ii) the inclusion of a definition of recycling.
(A) The Waste Framework Directive (WFD)
|Commission Legislation |
|Revised Waste Framework Directive | |
|2008/98/EC | |
|UK Implementing Legislation |
|The Waste Information (Scotland) Regulations 2010 | |
|The Waste (England and Wales) Regulations 2011 | |
|The Waste (Scotland) Regulations 2011 | |
|The Waste Management Licensing (Scotland) Regulations 2011 | |
|The Controlled Waste (England and Wales) Regulations 2012 | |
|The Waste (Scotland) Regulations 2012 | |
|The Waste (England and Wales) (Amendment) Regulations 2012 | |
|The Controlled Waste (England and Wales) (Amendment) | |
|Regulations 2012 | |
(B) Shipment of Waste Regulation
|Commission Legislation |
|Shipment of Waste Regulation (EC) | |
|No. 1013/2006 | |
|Commission Regulation (EC) No. | |
|669/2008 | |
|Commission Regulation (EC) No. | |
|308/2009 | |
|Commission Regulation (EC) No. | |
|967/2009 | |
|Commission Regulation (EU) No. | |
|413/2010 | |
|Commission Regulation No. | |
|661/2011/EU | |
|Commission Regulation No. | |
|664/2011/EU | |
|Commission Regulation No. | |
|135/2012/EU | |
|Commission Regulation No. | |
|674/2012/EU | |
|Commission Regulation (EU) No. | |
|57/2013 | |
|Commission Regulation (EU) No. | |
|255/2013 | |
|UK Implementing Legislation |
|The Transfrontier Shipment of Waste Regulations 2007 | |
(A) Current Position - WFD:
(i) Offshore Operators are to undertake waste disposal activities in line with EA and SEPA guidance.
(ii) At a FEAD trade association annual conference in April 2013, delegates agreed that more ambitious EU recycling and landfill diversion targets should not be introduced in 2014 (following a Commission review of the legislative framework on waste - see item (b) under ‘Next Steps’) due to the large disparities in waste management performance across Europe. Instead, delegates recommended that the Commission should clarify existing legislation, improve enforcement and strengthen its waste policies before proposing more rigorous measures. See FEAD Press Release at: .
(iii) SEPA recently published its annual operating plan for 2013 to 2014 - the report is at: .
(iv) In April 2013, the Scottish Government published guidance providing information on the statutory duty (provided under Section 34 (as amended) of the Environmental Protection Act 1990) to apply the waste hierarchy set out in Article 4(1) of the EU WFD. The guidance at: also clarifies the circumstances in which the duty may be departed from.
(v) In May 2013, the EA announced that it wants to end landfill derogations for some types of hazardous waste - see further details at: . Hazardous waste going to landfill is currently subject to acceptance criteria based on the Landfill Directive, such as leaching limits. However, the EA is now reviewing this policy in light of the waste hierarchy and the 2010 Hazardous Waste Strategy for England, which stated these derogations must end. Defra is in the process of contacting operators of hazardous waste landfills that have existing derogations to give them the opportunity to provide extra information before any site-specific decisions are taken. Producers whose wastes do not meet acceptance criteria limits should use the EA’s problematic waste stream procedure (). At EU level, the Commission is envisaging further restrictions on specific waste streams as part of a revision of waste legislation (see item (b) under ‘Next Steps’)..
(vi) The EA also recently published:
• Guidance providing information regarding the use of sampling to assess and classify wastes - see guidance at: .
• Technical guidance providing information on the assessment and classification of hazardous waste - guidance is available from: . The guidance is intended to assist all those involved in the production, management and control of hazardous waste and act as a reference document for all legislation related to hazardous waste and its management.
• Guidance which presents a ‘desk-based’ flowchart, with questions and answers, to enable users to establish whether their waste is hazardous - guidance is accessible from: .
(vii) In June 2013, the Commission launched a consultation on a Review of the European Waste Management Targets - the consultation is accessible from: with a closing date for responses of 10 September 2013. The consultation indicates that waste prevention targets for 2020 would be in line with the aspiration in the EU’s Resource Efficiency Roadmap () that waste production per capita should be in decline by that year. Nevertheless, setting such targets across different MS with varying levels of per-capita income could be difficult. Instead, the Commission might opt to set targets at a sectoral level. The consultation also seeks stakeholder views on whether recycling targets should be extended to new waste streams. However, the Commission notes that waste management targets have not been enough to promote compliance in some MS and consequently, the Commission has asked if it should be able to go further than just setting such goals. In response to this point, the waste industry association FEAD has stated that whilst options for further development of the regulatory framework on waste at the European level have to be assessed, MS should be free to choose the policy instruments best suited to them. Landfill Directive targets could also be revised to make the law fairer to MS whose economies have grown more rapidly since the baseline year of 1995. More standardised methods across the EU for calculating reuse and recycling rates are likely to be considered. Recycling targets could feasibly be set according to the greenhouse gas savings available, while businesses could be required to sort materials for recycling or composting. A ban on sending recyclable, compostable or combustible waste to landfill is among the options listed for evaluation, as is a ban on the landfilling of waste that has not been pre-treated to virtually eliminate methane emissions. A limit on the percentage of waste that can go to landfill is additionally being mooted. Another option is a cap on the amount of material that can be incinerated from different waste streams, including industrial waste. The Commission will present a review of waste targets and laws in 2014 (see item (b) under ‘Next Steps’).
(viii) In July 2013, Defra launched a consultation seeking stakeholder views on a Waste Management Plan for England, so as to contribute towards fulfilling the requirement placed on MS under Article 28 of the revised WFD to establish one or more waste management plans covering all of their territory. The consultation is at: with a closing date for responses of 9 August 2013.
(B) Current Position - Shipment of Waste Regulation (EC) No. 1013/2006:
On 11 July 2013, the Commission issued proposals for a Regulation which would require MS to tighten up inspections of cross-border waste shipments - see draft Regulation at: . Under the proposed Regulation, each MS would have to establish a plan to detect and reduce illegal activity such as shipping EU waste for disposal in a non-OECD country. These plans, to be updated at least annually, would set inspection goals and assign enforcement tasks to specific authorities. See item (a) under ‘Next Steps’.
Next Steps:
(a) The Transfrontier Shipment of Waste (TFSW) (Amendment) Regulation 2013 (which Defra consulted on in March 2013 - see details at: ) will enter into force during Summer 2013. EDU will liaise with Oil & Gas UK on the amended TFSW Regulations as well as the revised WFD so that any regulatory requirements which may impact on offshore waste operations can be assessed. EDU will also work with Defra on subsequent changes to the TFSW (Amendment) Regulation 2013 which result from the UK’s transposition of the Commission’s proposals (once adopted) for further amending the EU Waste Shipments Regulation.
(b) The Commission expects to issue during 2014 proposals for revising EU waste legislation and ensuring its coherence with the WFD.
DECC / EDU Focal Point: David Foskett
[Link to details in Contacts Matrix]
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ANNEX 1
Contacts Matrix
For
`Important’ and `Other Relevant’ EU Issues
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ENERGY DEVELOPMENT UNIT
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