ERDU – OED
DECC / EDU – Offshore Environment and Decommissioning Branch (OED)
Offshore Oil and Gas (O&G) Environmental Register
EU Environmental Issues
Edition: January to March 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 April and May 2013 - will be published in June (or July) 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.
For those viewing the Register for the first time, we hope that you find it useful. Please revert to earlier editions of this Register on our website () for previous information on the existing issues covered.
We see the provision of information as a ‘two-way process’. Therefore, any feedback / suggestions on this document and / or the notification of any issues you are aware of but which are not included, plus the details of any other contacts who may find this document useful, would be gratefully received and should be sent to: david.foskett@decc..uk.
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Disclaimer: This Register is primarily for DECC/EDU-OED’s internal purposes and the information presented reflects our understanding of the situation on each issue at a particular point in time. Therefore, circumstances on some of the issues will inevitably change as things progress and whilst we will do our best to reflect any variations in future editions, we cannot guarantee that the Register will be exhaustive or current ‘up to the minute’.
Register Distribution List
(See embedded 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 - 13 |
|Emissions Trading System (EU-ETS) |13 - 16 |
|Environmental Impact Assessment (EIA) Directive - Proposed Revisions |16 & 17 |
|Environmental Liability Directive |18 |
|European Pollutant Release and Transfer Register (E-PRTR) |19 |
|Fluorinated Greenhouse Gases and Ozone-Depleting Substances Regulations |19 - 21 |
|Industrial Emissions Directive (IED) |21 & 22 |
|INSPIRE – Spatial Information for Europe |22 & 23 |
|Mercury Strategy (Regulation on banning mercury exports / the safe storage of metallic mercury and Directive on |23 & 24 |
|specific criteria for the storage of metallic mercury considered as waste) | |
|Natura 2000 Network |24 - 26 |
|Persistent Organic Pollutants (POPs) Regulation |26 & 27 |
|Safety of Offshore Oil and Gas Activities |27 & 28 |
| | |
|Other relevant EU issues – where DECC/EDU has either a limited or no direct enforcement role | |
| | |
|Batteries and Accumulators Directive | |
| |29 |
|Waste Electrical and Electronic Equipment (WEEE) Directive |30 |
|Waste Framework Directive and Shipment of Waste Regulation |31 - 35 |
| | |
|Contacts Matrix for `Important’ and `Other Relevant’ EU Issues | |
| | |
|Annex 1 – Contacts Matrix |36 |
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: .
Current Position:
(i) On 27 March 2013, the Commission launched a consultative Communication Paper on the future of CCS in Europe, with the aim of initiating a debate on the options available to ensure its timely development. This is needed to reduce greenhouse gas emissions and to enable fossil fuels to remain an integral part of the energy mix in the EU. The Paper is accessible from: with a closing date for responses of 2 July 2013. See related development below.
(ii) On 3 April 2013, the Commission also intends to launch a second call for proposals under the NER300 programme - see Commission announcement at: . MS will be invited to submit their proposals for the co-financing of commercial demonstration projects that aim, amongst other things, at the environmentally safe capture and geological storage of CO2.
(iii) DECC published during March 2013:
• An announcement on the two preferred bidders under the UK’s £1 billion CCS Commercialisation Programme Competition - the proposed developments in question are the Peterhead Project in Aberdeenshire (Scotland), and the White Rose Project in Yorkshire (England). See Press Notice at: .
• A report assessing the domestic supply chain barriers to the commercial deployment of CCS within the power sector - the report is accessible at: .
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 | |
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: .
Other key REACH-related issues:
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 January and February 2013, the ECHA:
• Announced that the Agency is looking to engage stakeholders in its work under the new Biocidial Products Regulation (which enters into operation in September 2013) - further details are accessible from: .
• Published a list of substances to be Registered in May 2013 - for which the lead Registrant is unknown - see details at: . The ECHA has called on Registrants and downstream users to bring clarity on that list. To support Registrants and downstream users in fulfilling their duties under REACH, the Agency issued in 2012 a list of substances identified by industry to be Registered by 31 May 2013 - the list is accessible from the above link. The list is regularly updated and also specifies whether a lead Registrant is preparing for Registration or has already Registered.
• Published an evaluation report which indicates that two-thirds of the compliance checks performed by the ECHA in 2012 identified shortcomings in REACH Registration dossiers, showing persistent problems regarding the quality of information supplied by companies - the report is accessible from: . The
ECHA issued legally-binding decisions in 66 cases - requesting that Registrants supply further information by a specified deadline, and draft decisions in 156 cases - the first step towards possible enforcement actions by national authorities. The latest evaluation report shows the most frequent shortcomings found in Registration dossiers relate to substance identity, followed by exposure assessment and risk characterisation. An assessment of testing proposals conducted in parallel to the compliance checks found ambiguous information on substance identity in a large number of cases (128 dossiers), prompting ECHA requests for clarification. The Agency was satisfied with responses from Registrants in 59 cases. In 14 cases, national authorities were informed by the Agency of continuing non-compliance. The ECHA state - in a forward to the report - that Registrants need to be clear that the safe use of chemical substances is not demonstrated where it is based on inadequate or incomplete information and / or on alternative information that has no valid scientific justification. The ECHA made a number of recommendations to improve the quality of dossiers, one of the main problem areas flagged up in the Commission’s review of REACH (see item (iii) below). The Agency also recently launched a new tool to help Registrants spot the most common inconsistencies found in Registration dossiers. For now, the Dossier Quality Assistant tool (available at: ) only covers areas including substance identity, tonnage consistency and use descriptions, but the ECHA plans to develop the tool further. It is in addition to the existing ‘technical completeness check’ tool ().
See further ECHA activities during March 2013 under item (ix) below
(ii) In January 2013, a report from three German agencies recommended amending REACH to ensure that the safety of nanomaterials can be more thoroughly assessed. The report (at: ) was issued by the federal environment agency UBA and produced jointly with the federal institutes for occupational safety and health and risk assessment. The trio constitute Germany’s competent authority for REACH. The UBA spokesperson announced that “in the spirit of legal clarity, equality of treatment and fulfilment of the precautionary principle it is essential to clearly lay down the requirements for nanomaterials in REACH”. Under the present regime, nanomaterials are generally Registered together with bulk forms of the same chemical - despite having potentially very different impacts on the environment and human health. The report suggests that:
• separate reporting obligations for nanomaterials should apply - covering data requirements, documentation, evaluation, authorisation, restriction and other elements of the REACH regime;
• testing procedures and obligations for surface-treated nanomaterials should be clearly defined;
• the diversity of ‘individual nanoforms’ of a substance must be taken duly into account when defining the obligations; and
• lower tonnage thresholds should be introduced to make sure separately Registered nanomaterials are captured (although, there could be limited requirements for those produced in smaller volumes and some tests could be waived through by referencing between bulk substances and nanoforms).
The report fed into the current debate on how REACH should address nanomaterials and the Commission’s review of the REACH Regulation (see item (iii) below). The report’s conclusion that some clarification is needed mirrors the Commission’s own views on nanomaterials / REACH. However, fulfilling the German recommendation to lower tonnage thresholds would mean revising the legislation. The Commission believes that only the REACH Annexes need amendment and it is wary of opening the Regulation up to renegotiation.
(iii) According to a Commission review - published on 5 February 2013 - the REACH Regulatory regime is fit for purpose and the use of chemicals in the EU has become safer since its entry into force - the review report is at: . However, the Commission identified a number of areas where further improvement is needed. The Commission also stressed that it will take 30 years before REACH’s benefits in terms of public health will be fully observed.
One of the main recommendations made in the report is to reduce the cost and administrative burden of REACH for small and medium size companies (SMEs). The Commission is focusing on them because the next phases of the REACH process will involve thousands of SMEs that will need support to comply. A number of measures, including further cuts to the fees paid for Registering a substance, are listed in an annex to the report. In a subsequent development, Regulation (EU) No. 254/2013 (amending Regulation (EC) No. 340/2008) which reduces the REACH-related fees to be paid by small and medium size companies (SMEs) entered into force on 22 March 2013 - see further details on the new Fees Regulation in the ‘Commission Supplemental Legislation’ paper under ‘Background’ above.
The report also confirms that the identification of substances of very high concern (SVHCs) will be based on the so-called Risk Management Option (RMO) analysis which has been backed by industry. In this context, the Commission has issued a ‘roadmap for SVHCs’ which estimates that up to 440 substances will be evaluated by 2020 - the roadmap is accessible from: . The roadmap anticipates about 55 RMOs will be required each year to process the 440 substances. A slow start is initially expected with about 80 substances subject to an RMO by the end of 2014, which is primarily due to the fact that the Commission will be busy implementing the roadmap during 2013. The ECHA will develop a more detailed proposal for implementation.
Other recommendations in the report include improving the quality of Registration dossiers. For example, an assessment of data released on the ECHA's dissemination portal and its classification and labelling (C&L) inventory showed that in some cases no information on toxicological studies had been provided in Registration dossiers.
In addition, better enforcement of REACH by MS has been identified as an area of weakness in the Commission’s review. The report calls for greater cooperation between MS on this issue. With respect to nanomaterials, the Commission confirms that it is considering amending REACH Annexes to clarify how to manage the risks such substances pose. An impact assessment will be conducted, leading to a possible proposal by December 2013. The Commission’s review of REACH was also informed by a separate assessment of the Registration requirements for 1 to 10 tonnes substances and polymers - the details of which can be accessed at: .
In response to the Commission’s review, trade association CEFIC indicated that whilst the REACH review shows that the regime is working, the jury is ‘still out’ on whether it is having a positive impact on competitiveness and innovation in the chemicals industry - see CEFIC reaction at:
.
See related issue below under item (iv).
(iv) In February 2013, the Council backed the Commission’s recommendations to improve the REACH regulatory regime - see Council Press Release at: .
(v) The Commission has also published a report concerning a potential strategy for the replacement of animal testing for skin sensitisation hazard identification and classification - the report can be accessed from: .
(vi) In February 2013, the World Health Organisation (WHO) and United Nations Environment Programme (UNEP) published a report examining the state of current scientific knowledge regarding endocrine disrupting chemicals, which are found in many products, particularly with regard to concerns about the potential adverse health effects on humans and wildlife - the report is accessible from: . See related development under item (viii) below
(vii) The UNEP has also issued another report examining the current state of knowledge and economic costs associated with inaction on the sound management of chemicals - the report can be accessed at: .
(viii) On 14 March 2013, MEPs overwhelmingly backed a call for the Commission to bring forward proposals as soon as possible on defining and tackling endocrine-disrupting chemicals (EDCs) - see EP Statement and draft Resolution at: and respectively. According to MEPs, the ‘precautionary principle’ requires the Commission and other legislators to take adequate measures to reduce short and long-term human and environmental exposure to the chemicals. In addition, MEPs believe that:
• EDCs should be regarded as substances of very high concern within the meaning of the REACH Regulation, or the equivalent under other legislation.
• A ‘weight-of-evidence approach’ should be used to determine what an EDC is (no single criterion should be seen as cut-off or decisive for the identification of an endocrine disruptor).
• EDCs should be regarded as ‘non-threshold’ substances (due to the fact that the current science does not provide a sufficient basis for setting a limit value below which adverse effects do not occur).
MEPs have emphasised that the Commission should table a proposal as soon as possible for defining EDCs (based on a World Health Organization (WHO) definition - ). This should comprise the publishing of a list of priority EDCs, with proposed new or amended legislation by June 2015 (see item (a) under ‘Next Steps).
(ix) In March 2013, the ECHA:
• Launched consultations 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 Committee for Risk Assessment (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.
- Proposed restrictions to limit or ban the manufacture, placing on the market or use of certain substances, under the REACH Regulation, due to unacceptable risks to human health and the environment. The consultation details and associated closing dates for responses are at: .
• Announced that the results of MS evaluations have indicated that more data is needed to assess the possible health and environmental risks from 32 substances - see further details at: . Some 36 substances were checked during 2012 as part of the evaluation process of the REACH Regulation. The substances were listed in the Community Rolling Action Plan (CoRAP) in 2012 - each substance in the plan was assigned to a MS to evaluate suspected risks. In their evaluations, MS can conclude that existing information is available to clarify the risks, or that further data must be submitted by the company that Registered the substance under REACH. Once all information has been collected, the responsible MS can then recommend controls under REACH if risks are confirmed or it may decide that no extra controls are needed. Firms that have Registered the 32 substances will be given 30 days to comment on draft information requests to be issued in two batches in March and April 2013. The first batch will include substances Registered by a single company and the second batch those with multiple Registrants. After comments are received from Registrants, the information requests will be approved by a committee of MS. Registrants will subsequently be required to submit the requested information by a specified deadline. See information on the updated CoRAP for 2013 - 2015 below.
• Published an updated Community Rolling Action Plan (CoRAP) listing the substances that MS must examine during 2013 to 2015 - further details are accessible at: and .
• Issued a Press Release concerning four EU Court judgments which confirm that the Agency was right to identify four coal-based substances as SVHCs - the Press Release is available at: . The general court in Strasbourg backed ECHA’s approach under the REACH regime to substances of Unknown or Variable Composition, or of Biological origin (UVCBs). The court ruled that the ECHA can identify a substance as having persistent, bioaccumulative and toxic (PBT), or very persistent and very bioaccumulative (vPvB) properties, if a constituent with those properties is present in the substance in a concentration of 0.1% or more. The ECHA’s approach to PBT and vPvB substances is not laid down explicitly in the REACH Regulation - however, the same 0.1% threshold is present in other parts of the law, and the approach follows general practice to classify and label substances on the basis of their constituents.
(x) The HSE recently issued a consultation letter seeking views from stakeholders currently placing biocidal products on the market regarding provisions that will enable the HSE to charge fees to cover its costs under the EU Biocides Regulation (EU) No. 528/2012. The letter is at: and the closing date for responses was 22 March 2013. The EU Biocides Regulation applies from 1 September 2013 (see related development below).
(xi) The Commission is expected to propose changes to the Biocides Regulation (EU) No. 528/2012 in April 2013. The amendments will aim to clarify and improve the legislative text after errors and inconsistencies were found by experts. The Commission indicated at a seminar on the new Regulation (held by law firm Steptoe & Johnson LLP in early March 2013) that it hoped the amendments would be adopted quickly by MS and MEPs before the law takes effect in September 2013. One of the changes will 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. Another change would involve giving MS authorities up to three years to approve biocides, as opposed to up to two years from the date of application under the existing legislation (this is because more time may be needed to resolve potential disagreements between countries over mutual recognition). Separately, the Commission is also planning to further extend the deadline for evaluating the safety of biocides put on the market before May 2000. The deadline, initially set for 2010, has already been extended by three years. The Commission might ask for another ten years because about 200 substances still need to be evaluated.
Next Steps:
(a) By June 2013, the EU is to complete a review of the REACH Regulation’s approach to endocrine disputing substances and make recommendations - in June 2015 - on any changes that might be needed.
(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 EU is expected to publish proposals which will clarify how the risks of nanomaterials should be managed under REACH.
(d) By 2014, the EU 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.
(e) 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 | |
Recent Legislation (details to be added to the above tables (as appropriate) in the April 2013 edition of the Register):
In January 2013, the Secretary of State issued a Direction under regulation 52(4) of the Greenhouse Gas Emissions Trading Scheme Regulations 2012 which gives instructions to UK regulators when calculating penalties for operating an activity covered by the EU-ETS without a permit. The Direction (at: ) entered into force on 1 January 2013.
In January 2013, the Secretary of State issued a Direction under paragraphs 3(2), 3(11) and 6(8) of Schedule 5 to the Greenhouse Gas Emissions Trading Scheme Regulations 2012 which gives instructions to UK regulators when calculating emission targets for small emitters that have opted-out of Phase III of the EU-ETS. The Direction (at: ) entered into force on 1 January 2013.
Current Position:
(i) In January 2013, the Commission published:
• Information concerning the proposals for updating the Regulation which governs the registry infrastructure underpinning the EU-ETS - see details at: .
• An announcement about delays to the process of allocating free CO2 allowances for 2013 - see Statement at: .
(ii) The EP recently opposed the Commission’s proposal for delaying (‘backloading’) the auctioning of CO2 allowances. In a non-legislative vote (see details at: ), MEPs in the Industry, Research and Energy Committee (ITRE) rejected the Commission’s proposal to grant itself the power to change the timing of auctions as part of a bid to boost the carbon price.
(iii) In February 2013, the Environment Agency published guidance which provides information for those operating or regulating activities covered by the Greenhouse Gas Emissions Trading Scheme Regulations 2012 during Phase III of the EU-ETS - the guidance is at: .
(iv) In March 2013, DECC launched a Call for Evidence seeking data from industry regarding carbon leakage, so as to feed into a data request from the Commission that will support the determination of the new carbon leakage list for the period between 2015 and 2019 as required under Article 10a(14) of the EU-ETS Directive 2003/87/EC (as amended). Details on the Call for Evidence are available from: and the closing date for responses was 25 March 2013.
(v) Stakeholder responses to an EU consultation (launched in December 2012) on options for structural reform of the EU-ETS has resulted in widespread requests for post-2020 carbon reduction targets as an important first step towards strengthening the scheme - see further details at: .
(vi) In March 2013, the Australian Government launched a consultation seeking stakeholder views on proposed arrangements to facilitate an indirect link between the Australian Carbon Pricing Mechanism and the EU-ETS from 1 July 2015, so as to enable trade between the Australian Registry and the Union Registry in the interim linking period. The consultation is at: and the closing date for responses was 28 March 2013.
Next Steps:
During the first-half of 2013, the EU is expected to adopt legislative proposals for changing the carbon auctioning schedule for 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:
EDU is in discussions 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 international deliberations with the Commission and MS.
Next Steps:
(a) EDU to continue liaising with DCLG and others on preparing an appropriate UK position for future negotiations with the Commission / MS. 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) The proposals for revising the EIA Directive may be formally adopted at EU-level during 2014 (possibly later).
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: .
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 EU 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 is 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:
In March 2013, the EP debated how quickly a F-gas phase-down should happen under the Commission’s proposals for revising the F-Gases Regulation - the enclosed paper summarises the views expressed on this issue by some MEPs.
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Next Steps:
(a) EDU to continue liaising with Defra (plus BIS) on: (i) developing a suitable UK position for future negotiations with the Commission and other MS on the proposed revisions to the EU 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 (as amended) |lations-prevention-and-control-of-pollution-regulations-2001-as-amended |
|The Energy Act 2008 (Consequential Modifications) (Offshore | |
|Environmental Protection) Order 2010 | |
Current Position:
On 19 May 2013, the Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013 () - which appropriately transpose / enforce the relevant provisions of the IED on offshore platforms with combustion installations ≥ 50MWth - enter into force (the draft Regulations were subject to a short targeted consultation in December 2012).
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 be revising 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 requirements’ in order to reflect the requirements of the Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013. The offshore industry will be consulted - by the end of July / early August 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:
In January 2013, the Commission issued a staff working document providing an implementation outlook for a Shared Environmental Information System (SEIS) - the document is at: . See item (c) under ‘Next Steps’.
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: .
Current Position:
On 19 January 2013, an international binding agreement to control emissions, use, trade and mining of mercury was sealed in Geneva after four years of negotiations - see Press Release from the UN Environment Programme at: . The treaty, known as the Minimata Convention, will ban the production and trade of a wide range of products (e.g. switches and most batteries) containing mercury by 2020 and include provisions (such as the application of best available techniques) to control or - where feasible - reduce mercury emissions from industrial facilities. Oil and gas installations are excluded from the convention. See related issue at item (b) under ‘Next Steps’.
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.
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 | |
|UK Implementing Legislation |
|The Offshore Marine Conservation (Natural Habitats) Regulations 2007 (as| |
|amended) | |
|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 | |
Recent Legislation (details to be added to the above tables (as appropriate) in the April 2013 edition of the Register):
On 26 January 2013, the Commission published Decision 2013/26/EU setting out, in accordance with the EU Habitats Directive, the sixth updated list of sites around the Atlantic biogeographical region, which are to be designated as special areas of conservation as part of the Natura 2000 Network - see Decision at: . The Decision takes account of updates relating to the inclusion of additional sites and changes to site-related information. EU Implementation Decision 2012/13/EU is now repealed.
Current Position:
(i) In February and March 2013, the Commission:
• Published legislative proposals for a common EU framework to facilitate the establishment by MS of Maritime Spatial Planning (MSP) and Integrated Coastal Zone Management (ICZM). The proposals and associated information can be accessed from: . See ‘Next Steps’.
• Issued a report presenting the findings from a study to develop a methodological framework for assessing the overall economic value of the benefits provided by the Natura 2000 network. Further, the report assesses the value of the methodological framework and the outlook for future assessments - see the report at: .
(ii) On 18 March 2013, DECC launched a consultation seeking stakeholder views on the ‘Habitats Regulation’s appropriate assessments’ undertaken for each potential licence award applied for in the 27th Offshore Oil and Gas Licensing Round. The consultation is at: with a closing date for responses of 19 April 2013.
Next Steps:
Defra to lead negotiations with the Commission on the MSP and ICZM proposals. From a UK perspective, Defra - with support from EDU (in respect to offshore oil / gas activities) - will seek to ensure that the Directive takes in to 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 | |
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 Activities
[EU Communication COM(210)560 final}
Background: In October 2011, the Commission put forward draft rules to improve the safety of oil and gas activities in the EU - see draft Regulation and other related information at: . The draft proposals follow-on from the Commission’s previous Communication on this subject issued in October 2010. The draft regulation contains provisions which take account of the lessons learned from an investigation into the Deepwater Horizon incident in the Gulf of Mexico in April 2010. Key aspects of the proposals include:
• MS licensing authorities to ensure that only Operators with sufficient technical / financial capacities to enable the safe control of offshore operations and environmental protection are granted licences to explore for, and produce, oil and gas in EU waters.
• Competent Authorities to be responsible - via offshore inspections - for: (i) verifying the safety of installations; and (ii) checking Operator compliance with environmental protection legislation and the emergency preparedness / response programmes of installations.
• Extending the Environmental Liability Directive (see Environmental Liability Directive (ELD) above) to cover all EU marine waters.
• The submission to authorities by Operators of: (a) a ‘major hazard report’ - which should include a risk assessment and evidence of an installation's ability to cope with an oil leak; and (b) an emergency response plan.
Current Position:
(i) In January 2013, the Commission issued at report titled `Safety of offshore oil and gas operations (Lessons from past accident analysis [Ensuring EU hydrocarbon supply through better control of major hazards]’ - see report at: .
(ii) On 21 February 2013, MEPs and MS reached a provisional agreement on a Directive to improve the safety of offshore oil / gas activities in the EU - see Irish Presidency Statement at: .
Next Steps:
(a) UK to continue to negotiate on the Commission’s proposals, which may be formally adopted at EU-level later in 2013.
(b) EDU to liaise with Oil & Gas UK / Operators and other relevant stakeholders on plans to implement any relevant aspects of the finalised EU proposals that might be pertinent to offshore activities on the UKCS - taking into account the existing comprehensive UK regime for regulating such operations.
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 | |
Current Position:
In March 2013, the EP voted on proposals to revise EU legislation on batteries - see details at: .
Next Steps:
EU 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 | |
Next Steps:
(a) EDU to continue monitoring developments - including any proposals for 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 EU will complete a full 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 | |
|UK Implementing Legislation |
|The Transfrontier Shipment of Waste Regulations 2007 | |
Recent Legislation (details to be added to the above tables (as appropriate) in the April 2013 edition of the Register):
Commission Regulation (EC) No. 57/2013 (details at: ) which amends Regulation (EC) No 1418/2007 concerning the export for recovery of certain waste to certain non-OECD countries entered into force on 7 February 2013. The Regulation corrects the Annex to the EU ‘Green List’ Waste Regulation (EC) No. 1418/2007 to take into account correspondence from Malaysia with regard to wastes that are permitted to be imported.
On 10 April 2013, Commission Regulation (EU) No. 255/2013 (details at: ) which amends Annexes IC, VII and VIII to the EU Waste Shipments Regulation (EC) No. 1013/2006 enters into force. Annex IC provides specific instructions for completing either Annex IA or IB, and is amended to clarify how those wastes should be indicated in Annex IA or IB. Annex VII (setting out an information template that is to accompany certain shipments of waste) is amended to expand the options listed in Block 10 to reflect the inclusion of wastes in Annexes IIIA and IIIB. Annex VIII, regarding guidelines on environmentally sound management, is amended to take into account the technical guidelines and guidance documents that were adopted at the tenth meeting of the Conference of the Parties to the Basel Convention which took place from 17 to 21 October 2011.
(A) Current Position - WFD:
(i) Offshore Operators are to undertake shipments of waste to shore for treatment / disposal in line with EA and SEPA guidance.
(ii) In January 2013, the Commission submitted to the EP and Council:
• Proposals concerning strict end-of-waste (EoW) criteria for copper - see proposals at: .
• A report on the implementation of EU waste legislation for the period 2007 to 2009 - the report can be accessed from: .
(iii) The Commission also commenced - in January 2013 - a review of EU waste laws. As a result of the review, the Commission is expected to propose during 2014 new targets on recycling and for diverting waste from landfill. In addition, revised objectives for the recycling of packaging waste and for avoiding the landfilling of biodegradable waste will all be considered, as announced in the 2011 resource efficiency roadmap (). The EU executive may also consider further restrictions on landfilling other waste streams.
New legislative proposals covering specific waste streams may follow later in 2014, based on a ‘Fitness Check’ on Directives covering, amongst other things, batteries and accumulators. This analysis will be conducted by consultancy Bio Intelligence Service. A consultation and stakeholder meetings may be organised during 2013 to discuss the proposals in more detail. See items (b) and (c) under ‘Next Steps’.
(iv) A recent report from the WRAP ‘Decoupling of Waste and Economic Indicators Project’ investigates the decoupling of waste from economic growth, macro-level drivers of waste arisings and potential waste prevention measures - see report at: .
(v) In January 2013, the Environmental Services Association published a report which presents figures and trends on hazardous waste in the UK and makes recommendations on how Defra’s ‘Hazardous Waste Strategy’ should be implemented – the report is available from: . In particular, the report details how the ‘waste hierarchy’, as required by the WFD, can be applied to hazardous waste.
(vi) The Environment Agency recently issued:
• Guidance providing information specific to waste transfer stations on submitting data to the Pollution Inventory concerning releases and transfers of substances from industrial activities - the guidance is at: .
• A guidance document which provides information on registering as a waste carrier, broker or dealer - see guidance at: .
(vii) In March 2013, the Commission launched a consultation on policy options to further reduce plastic waste, confirming that no action will be proposed before 2014 when EU waste legislation is due to be revised. The consultation and associated ‘Green Paper’ are at: and respectively. The closing date for consultation responses is 7 June 2013.
(viii) On 11 March 2013, Defra launched a ‘Call for Evidence’ which: (i) sets out the Government’s understanding of the available data and other insights on the current situation and barriers to reducing waste arising in England through waste prevention, re-use and repair activities; and (ii) seeks stakeholder views on the Government’s commitment in the Waste Policy Review 2011 to develop a comprehensive Waste Prevention Programme. The Call for Evidence is at: with a closing date for responses of 29 April 2013.
(B) Current Position - Shipment of Waste Regulation (EC) No. 1013/2006:
On 18 March 2013, Defra launched a consultation on the proposed Transfrontier Shipment of Waste (Amendment) Regulations 2013 (“the TFSW (Amendment) Regulation 2013”), which will update the existing Transfrontier Shipment of Waste Regulations 2007. The consultation is at: with a closing date for responses of 10 May 2013. Under the TFSW (Amendment) Regulation 2013, DECC inspectors will carry out - on behalf of the UK competent authorities (e.g. the Environment Agency and SEPA) - inspections and evidence gathering at offshore installations (i.e. when performing routine inspections at offshore facilities in accordance with the Department’s offshore environmental regime) to ascertain Operator compliance with the amending Regulations’ obligations on waste shipments. DECC will pass relevant information on any potential incidents of non-compliance to the UK competent authorities who will determine appropriate enforcement action. See related information at item (a) under ‘Next Steps’.
Next Steps:
(a) The TFSW (Amendment) Regulation 2013 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 the way offshore waste is handled / transported to shore for treatment and disposal can be assessed.
(b) The Commission is expected to issue during 2014 a Decision on the application / calculation method concerning recycling and recovery targets for specific waste streams under the WFD.
(c) Based on the Thematic Waste Strategy review report (), the Commission will issue in 2014 proposals for revising waste legislation and ensuring its coherence with the WFD.
DECC / EDU Focal Point: David Foskett
[Link to details in Contacts Matrix]
[Back to Contents Page]
ANNEX 1
Contacts Matrix
For
`Important’ and `Other Relevant’ EU Issues
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[Back to Contents Page][pic][pic]
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ENERGY DEVELOPMENT UNIT
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