Environmental Protection: European legislative framework in the field of Environment Markus Stahl, H

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Environmental ProtectionEuropean
legislative framework in the field of
Environment Markus Stahl, HWK München
PHARE Business Support Programme of the European
Union UEAPME - SME FIT II
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Introduction

• Basic principles of EU-environmental policy
• Prevention and avoidance of ecological pollution
  is the basic principle of European environmental
  policy
• No support of end of pipe- technologies is
  intended, but the development and use of
• - resource- and environmentally friendly
  methods,
• - products and services,
• which pursues the aim of introducing and
  developing optimized cycles of materials and
  processes ( ?integrated product policy)

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Environmental Action Programmes (EAP) Focus
areas of the 6th EAP (2002-2012)

• Climate change
• Nature and biological diversity
• Environment and health
• Natural resources and waste
• with seven thematic strategies
• air, waste and recycling, marine environment,
  soil, pesticides, natural resources, rural
  development

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SMEs in the EU

• SMEs have less than 250 employees
• 23 Mio SMEs in EU (99 of all enterprises)
• Represent 57 of the total economic added value

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Legal situation no exceptions for SMEs

• Which responsibilities result from environmental
  policy?
• Regulations super-ordinate law for all EU-
  member states - obligatory for SMEs, e.g.
  European regulations have the character of
  minimal standards and have to be followed by all.
  
• Directives are at the moment still facultative
  but will in the medium-term after a period of
  transition become compulsive as well
• e.g. disposal of cars and producer liability for
  components.
• Thereby they will become obligatory also for SMEs
  on a medium-term perspective.
• Resolutions
• SMEs which have direct contact with hazardous
  substance have to comply to the already existing
  resolutions.

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Fields of environmental legislation in the EU
Air quality, emissions trading and noise
Chemicals (REACH)
Energy
Water
Waste
Greener products
Environmental management
Life Cycle Assessment
Corporate Social Responsibility
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Air quality, emissions trading and noise
Areas relevant to SMEs

• Emissions of atmospheric pollution
• Volatile organic compounds
• Industrial plants
• Emissions trading
• Noise

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Areas relevant to SMEs
Emissions of atmospheric pollution
National emission ceilings to be in force by 2010
for 4 pollutants sulphur dioxide (SO2),
nitrogen oxide (NOx), volatile organic compounds
(VOC) and ammonia (NH3). Authorities have to
draw up national inventories of these pollutants
and take steps to minimise them.
UE Legislation

• Directive 2001/81/EC on national emission
  ceilings for certain atmospheric pollutants.
• 2001/744/EC amending Annex V to Council
  Directive 1999/30/EC relating to limit values for
  sulphur dioxide, nitrogen dioxide and oxides of
  nitrogen, particulate matter and lead in ambient
  air

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Areas relevant to SMEs
Volatile organic compounds
Equipment and businesses that store significant
amounts of petrol must ensure that their premises
and equipment meet certain technical
specifications. Companies in sectors that use
organic solvents for coating, cleaning, printing,
refining vegetable oils, wood impregnating or
laminating have to register their operations,
conform with emission limits, work towards their
reduction and replace the most dangerous
substances with safer alternatives.
UE Legislation

• Directive 94/63/EC on the control of volatile
  organic compound (VOC) emissions resulting from
  the storage of petrol and its distribution from
  terminals to service stations

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Areas relevant to SMEs
Volatile organic compounds
Use of decorative paints, varnishes and vehicle
refinishing products that contain volatile
organic compounds maximum concentrations for
such chemicals in the products are identified
UE Legislation

• Directive 1999/13/EC on the limitation of
  emissions of volatile organic compounds due to
  the use of organic solvents in certain activities
  and installations
• Directive 2004/42/CE on the limitation of
  emissions of volatile organic compounds due to
  the use of organic solvents in certain paints and
  varnishes and vehicle refinishing products and
  amending Directive 1999/13/EC

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Integrated pollution prevention and control IPPC
Directive

• The EU defines the obligations with which highly
  polluting industrial and agricultural activities
  must comply
• Procedure for authorising these activities and
  sets minimum requirements to be included in all
  permits, (pollutants released)

The aim is to prevent or reduce pollution of the
atmosphere, water and soil, as well as the
quantities of waste arising from industrial and
agricultural installations to ensure a high level
of environmental protection.
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Incentives for IPPC installations

• If an operator adopts a minimal approach to
  compliance, then some opportunity for
  environmental improvement will be lost. However,
  certain tools may be used to encourage or support
  performance beyond regulatory compliance.

Incentives for innovation, emissions trading,
economic instruments such as tax relief,
graduated charging schemes, environmental
management systems, administrative relief and
voluntary schemes
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Areas relevant to SMEs
EUs Emissions Trading Scheme (ETS)
It is designed to reduce CO2 emissions and help
the EU Member States meet their commitments under
the Kyoto Protocol in a cost effective
manner. Installations typology combustion
plants, oil refineries, coke ovens, iron and
steel plants, and factories making cement, glass,
lime, brick, ceramics, pulp and
paper. Allowances to industrial plants to emit
certain amounts of CO2 (National Allocation Plan
(NAP) Companies can buy or sell emissions
allowances on a market system, giving a financial
incentive to lower emissions and ensuring that
the targets are achieved at the least cost.
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Areas relevant to SMEs
Noise
Uniformity rules in a number of areas limiting
noise levels from outdoor machinery, road and
rail transport, aircrafts and protecting people
at work. Manufacturers have to ensure that the
equipment that they produce complies with uniform
noise standards and label them appropriately.
Users must ensure their equipment meets these
standards. Employers have a responsibility to
provide protection to workers when noise is above
a certain level in their workplace
UE Legislation
DIRECTIVE 2002/49/EC relating to the assessment
and management of environmental noise
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Chemical products the REACH Directive
The EU's new chemicals legislation REACH
Registration, Evaluation, Authorisation and
Restriction of Chemicals.

• a single integrated system for the registration,
  evaluation and authorisation of chemicals
• with the objective to improve health and
  environment protection whilst maintaining
  chemicals industrys competitiveness and
  innovation

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Reach
REACH commits firms manufacturing and importing
chemicals

• to evaluate risks resulting from their use
• to take the necessary steps to manage any
  identified risk

Users of chemicals

• must apply risk management measures for certain
  substances and provide information on how they
  use substances to their suppliers.

• Business must prove that substances that they
  produce or use are safe

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ECHA, the new European Chemicals Agency
Location

• Helsinki, Finland

Objectives related to REACH

• To run the system databases
• To co-ordinate the in-depth evaluation of
  suspicious chemicals
• To run a public informational database for
  consumers and practitioners

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REACH benefits and commitments for SMEs
Advantages

• More systematic identification of hazards and
  risks of chemicals.
• Single EU regulation for all chemicals, providing
  clear deadlines for decision-making and possibly
  enhancing the consumers confidence in chemical
  products.

Commitments

• Companies annually manufacturing/importing one
  tonne or more of a chemical substance are
  required to register it in a central database at
  the European Chemicals Agency.
• REACH implementation preparatory steps
• 1. To nominate a REACH manager
• 2. To be aware of information sources
• 3. To identify the companys obligations under
  REACH

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Energy efficiency
Several pieces of legislation and programmes at
an EU and national level aim to
Provide cleaner energy and improve the security
of energy supply increasing the share of
renewable energy
There are uniform standards set for the
efficiency of commercial properties and their
heating and air-conditioning equipment.
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Energy efficiency
POLICY ORIENTATIONS
Action Plan for Energy Efficiency (2007-12)
Green paper on energy efficiency
EU objectives is to increase the energy
efficiency by 20 by 2020
Smes can contribute to this target in two
ways 1) increasing energy efficiency in their
own company by investing in the best available
technology and by improving energy efficiency of
their buildings 2) providing services to increase
the energy efficiency of buildings and other
companies
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Delivering energy efficiency Main Legislation

• Directive 2002/91/EC on the energy performance of
  buildings
• Directive 2004/8/EC promoting the combined
  generation of heat and electricity
• Directive 2005/32/EC Eco-design directive to
  increase energy savings from domestic appliances
  (fridges, hairdryers, etc.)
• Directive 2006/32/EC on energy end-use efficiency
  and energy services applies to supply and
  distribution of electricity, gas, heating and
  fuels to households, transport and industrial
  consumers
• Other EU measures include energy-efficiency
  requirements for boilers and refrigerators
  labelling requirements for refrigerators,
  air-conditioners Labelling for office equipment
  (Energy Star) Directive on taxation of energy
  products and electricity.

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Initiatives

• Intelligent energy Europe EU funding mechanism
  for energy efficiency measures
• Office Equipment Energy Star Programme a
  voluntary energy labelling programme for office
  equipment
• The Green Building Programme a voluntary
  programme aiming at improving the energy
  efficiency of non-residential buildings
• Codes of Conduct a voluntary agreement for the
  reduction of stand-by losses for External Power
  Supplies and for Digital TV Services
• The GreenLight Programme an inititive
  encouraging non residential electricity consumers
  to install energy-efficient lighting technologies
  in their facilities
• The European Motor Challenge Programme a
  voluntary inititive to help industrial companies
  in improving energy efficiency of their electric
  motor driven systems

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Environmental management

• Eco-management and Audit Scheme
• Life Cycle Assessments
• Corporate Social and Environmental Responsibility
  (CSR)

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Example for Regulations EMAS (Eco-Management and
Audit Scheme)
EMAS regulation, 2001
Set up of a Community eco-management and audit
scheme (EMAS), aiming at promoting a continuous
improvement of the environmental performance of
organisations, together with providing the public
and interested parties with information.
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EMAS for SMEs
Advantages

• Introduction and implementation of environmental
  management systems
• Objective and periodical system assessment
• Training and active involvement of the staff
• Provision of information to the public and the
  other interested parties.

EMAS SME toolkit

• Simplified tool for SMEs with a step-by-step
  explanation of how to be awarded of an EMAS
  registration
• http//ec.europa.eu/environment/emas/toolkit/

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EMAS Regulation revision
Timing

• Foreseen by 2010

Objectives

• To raise attractiveness for SMEs by reduction of
  the administrative burden for companies
• To simplify access to EMAS for company-clusters
• To reduce procedural requirements by cutting red
  tape.

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Other Environmental management Systems
Life Cycle Assessments
Life Cycle Assessment is an objective process to
evaluate the environmental burdens associated
with a product, process, or activity by
identifying energy and materials used and wastes
released to the environment, and to evaluate and
implement opportunities to affect environmental
improvements
Corporate Social and Environmental Responsibility
Companies can integrate social and environmental
concerns into their business operations through
application of the Corporate Social
Responsibility concept UE Commission launched
Responsibility among SMes awareness campaign
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Greener products

• Green Public Procurement
• Ecolabel
• Ecodesign
• eWaste

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Green Public Procurement

• "Green public procurement means that public
  purchasers take account of environmental factors
  when buying products, services or works

• Directives on EU procurement offer scope for the
  contracting authorities to consider environmental
  issues
• Directive 2004/18 on the coordination of
  procedures for the award of public works
  contracts, public supply contracts and public
  services contracts (classical directive )
• Directive 2004/17 on the coordination of
  procurement procedures of entities ,operating in
  the water, energy, transport and postal services
  sector (special sectors directive).

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Typology of products, services or work

• energy efficient computers or buildings
• office equipment made of environmentally
  sustainable timber
• recyclable paper
• electric cars
• environmentally friendly public transport
• organic food canteens
• electricity stemming from renewable energy
  sources,
• air conditioning systems complying with state of
  the art environmental solutions

Innovative and eco-efficient SMEs can take
advantage of the possibilities offered by green
public procurement
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EC Regulation on eco-labels
Main aims

• Promotion of products with a reduced
  environmental impact, if compared with other
  products in the same product group
• Provision of consumers with accurate and
  scientifically based information and guidance on
  products.

Objectives of the foreseen EU regulation revision

• Set up of a more business friendly system
  involving key stakeholders in the decision making
  process.
• Outsourcing of routine criteria development to a
  dedicated body
• Closer link between Eco-label and green
  procurement
• Reduction of the procedural burden for the
  Commission

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Ecolabel
SMEs can promote its products through the
eco-label

• The eco-label can be a way to draw new attention
  to SMEs and to improve their image.
• The Regulation contains specific measures to
  encourage SMEs to take part in the scheme
• reduced fees,
• consultation procedures open to SMEs,
• testing and verification requirements adapted to
  SMEs' capabilities.

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Eco-design Directive
Environmentally-friendly Design of Energy-using
Products Framework Directive for Setting
Eco-design Requirements for Energy-using Products
(EUP)

• Concrete application of the Integrated Product
  Policy(IPP)
• Definition of principles, conditions and criteria
  for setting environmental requirements for
  energy-using appliances (ecodesign)
• No direct provision for mandatory requirements
  for specific products this will be done at a
  later stage for given products via implementing
  measures which will apply following consultations
  with interested parties and an impact assessment.

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The Eco-design Directive and SMEs

• The development of European programmes will take
  account of the SME-aimed initiatives to improve
  energy efficiency in the design of their
  products.
• Member States will also encourage this type of
  business to adopt an environmentally sound
  approach through their support structures and
  networks.

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Waste

• Businesses have to ensure that the waste they
  produce is treated in an efficient, safe and
  environmentally friendly way

• Specific legislation exists on waste from
• Batteries (Directive 2006/66/EC)
• Packaging (Directive 94/62/EC)
• Electrical and electronic equipment (Directive
  2002/96/EC )
• Oils (Directive 75/439/EEC and amendments)
• End-of-life vehicles (Directive 2005/64/EC)

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Thematic Strategy on the prevention and
recycling of waste"
This strategy

• Sets out guidelines and describes measures aimed
  at reducing the pressure on the environment
  caused by waste production and management.

Main trust on

• Amendment of the legislation to improve
  implementation
• Prevention of waste and promotion of effective
  recycling.

• To reduce the negative impact on the environment
  that is caused by waste throughout its life-span,
  from production to disposal, via recycling.
• Every item of waste is seen not only as a source
  of pollution to be reduced, but also as a
  potential resource to be exploited

Overall aims
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Waste Framework Directive (DIRECTIVE 2006/12/EC)

• Simplification of the waste legislation by
  clarifying definitions, streamlining provisions
  and integrating directives on hazardous waste and
  on waste oils
• Improvement of the recycling market by setting
  environmental standards that specify the
  circumstances in which certain recycled waste is
  no longer considered waste.

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eWaste
WEEE Directive on waste electrical and electronic
equipment
Aims to increase recycling of waste electrical
and electronic equipment this material at the end
of its useful life and ensure that hazardous
chemicals are treated safely
1. Large household appliances 2. Small household
appliances3. IT and telecommunications equipment
4. Consumer equipment5. Lighting equipment6.
Electrical and electronic tools 7. Toys, leisure
and sports equipment 8. Medical devices 9.
Monitoring and control equipment10. Automatic
dispensers.
10 categories
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eWaste
Consumers
Must be able to return their equipment free of
charge
Must be able to return their equipment free of
charge
Retails of equipment
Must provide information to their customers about
how they can do this, and are responsible for
establishing take-back schemes, either in-store
or at common collection points
Businesses
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Implications for SMEs

• The WEEE Regulations have a number of
  implications for producers of WEEE and
  distributors of EEE (often seen as retailers).
• The Directive has serious financial, marketing
  and design implications for EEE companies. Major
  companies operating in the sector have already
  developed their market responses and re-designed
  products are already coming into production.
• There are no exemptions for SMEs under the WEEE
  Directive
• Most of the financial burden relating to the
  recycling and recovery of WEEE fall on the
  importers, most of whom are SMEs.
• For example, Small electrical or electronical
  equipment with low prices (such as PC-mouses,
  electrical toothbrushes, alarm clocks, etc.....)
  are produced/imported by SMEs.
• Several scheme to support (WEEE) Directive
  implementation (example The European Recycling
  Platform - http//www.erp-recycling.org/)

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eWaste
The ROHS directive is complementary to the WEEE
directive and seeks to reduce the environmental
impact of WEEE by restricting the use of certain
hazardous substances.
RoHS Directive

• Producers need to demonstrate their products do
  not contain more than the maximum permitted
  levels of
• Lead,
• Mercury,
• Cadmium,
• Hexavalent chromium,
• Polybrominated biphenyls (PBB)

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Water protection and management

• See and oceans cover more than 70 of the planet
  and produce about three-quaters of the oxigen we
  breathe
• Neverthless, we can use only 1 of the total
  water and human activities provoke a pressure on
  it
• Water polluted come back to the environment and
  can damage human healthy

Main legislation Water framework directive
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Framework Directive in the field of water policy
Directive 2000/60/EC of the EU Parliament and of
the Council of 23 October 2000 establishing a
framework for Community action in the field of
water policy

• management of inland surface waters
• groundwater
• transitional waters
• coastal waters

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Urban wastewater
Directive 91/271/EEC concerning urban waste-water
treatment

• Milk-processing
• Fruit and vegetable production
• The manufacture and bottling of soft drinks
• Potato-processing
• The meat industry
• Breweries and makers of alcoholic beverages
• The manufacture of animal feed from plant
  products
• The manufacture of gelatine and of glue from
  hides, skin and bones
• Malt-houses
• Fish-processing

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Discharges of dangerous substances
Discharges of dangerous substances
Integrated pollution prevention and control IPPC
Directive
Pollution from industrial plants
Directive of 12 December 1991 Concerning the
protection of waters against pollution caused by
nitrates from agricultural sources
Pollution from agriculture
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Soil
Industrial processes, agriculture and commercial
activities can all degrade the quality of soil,
resulting in erosion and contamination. Chemicals
and pollution getting into the soil can affect
water and human health.
Commission Communication on Thematic Strategy for
Soil Protection COM(2006)231
Framework and common objectives to prevent soil
degradation

• Legislative framework for soil protection and
  sustainable use
• Increasing public awareness
• Member States to adopt measures tailored to their
  local needs
• Measures to identify problems, prevent soil
  degradation and remediate polluted or degraded
  soil

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Better regulation a key objective of the EU
strategy

• The regulatory framework should be simple and of
  high quality. Hence the need for Better
  Regulation

Simplifying environmental legislation while
preserving high environmental standards A series
of initiatives of administrative simplification
maintaining high level of protection of the
environment at reduced costs to business
BEST Expert Group Study
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Simplifying the Implementation of Environmental
Regulation
BEST Report
simplification and streamline measures
reduction of burdens
Recommendations

• Identify and quantify the biggest regulatory
  burdens, with the co-operation of the stakeholder
  groups, where possible, in order to plan and
  adopt targeted simplification measures.
• Ensure that all legal instruments are easily
  understood, implemented, enforced and monitored,
  providing clear guidance to companies in their
  environmental legislation compliance.
• Increase the use of IT tools for a wide range of
  regulatory activities (i.e. monitoring,
  reporting, permitting and inspection processes,
  etc.)
• Focus regulation on those activities with the
  greatest risk to health or the environment.

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Thank you!Environmental ProtectionEuropean
Environmental Policy Impacts on SMEs Markus
Stahl, HWK München
PHARE Business Support Programme of the European
Union UEAPME - SME FIT II