implications of eu and national regulations and the environment dr jonathan derham head of climate,...
TRANSCRIPT
Implications of EU and National Regulations and
the Environment
Dr Jonathan DerhamHead of Climate, Research & Resource Use Programme
Environmental Protection Agency
Environmental Services Training Group
LOCAL AUTHORITY ENVIRONMENT CONFERENCE
Hodson Bay Hotel, Athlone, May 2015.
Why Regulate ?
To Prevent or
To Correct
.. an actual or potential environmental harm
(including health protection)
Environmental Harm
Market Failure Failure of the Commons
- Public Good V Private Good- Natural Monopolies- Free Riders- Moral hazard- Population- Economy- Education- Greed- Governance
- Public Good V Private Good- Natural Monopolies- Free Riders- Moral hazard- Population- Economy- Education- Greed- Governance
Regulatory Drivers
EU Dominant Force in driving Environmental Regulation Common market Health & Wellbeing (e.g. air quality - mortality) Natural Resources Environmental Quality & Biodiversity Climate Change
National actions
EU Treaties Article 191
(ex Article 174 TEC)1. Union policy on the environment shall contribute to pursuit of the following objectives:— preserving, protecting and improving the quality of the environment,— protecting human health,— prudent and rational utilisation of natural resources,— promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change.
2. Union policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the Union. It shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay.
In this context, harmonisation measures answering environmental protection requirements shall include, where appropriate, a safeguard clause allowing Member States to take provisional measures, for non-economic environmental reasons, subject to a procedure of inspection by the Union.
[See also Articles 192 and 193]
Initiators of Legislative Change
EU Waste Policy Map / Timeline - KEY DEVELOPMENTS
1975 2005
20001980
1995
1990
1985
2010
PRODUCER RESPONSIBILITY INATITIVES
(WEEE, ELV, Packaging, PCBs ...)= Strategies
1st WasteDirective
IncinerationDirective
LandfillDirective
TFS 1 TFS 2
IPPC
(2nd) WasteDirective
Hazardous WasteDirective
OILs SewageSludge Directive
RoHS
TitaniumDioxide
Directive
WasteStatistics
Packaging Waste, Waste Catalogue, Hazardous
Waste List
WEEE
3rd WasteDirective
Batt & Accum
Industrial Emissions Directive
WEEE II
Structure of EU Waste Legislation
FRAMEWORK
Directive
2008/98/EC
TREA
TMEN
TMOVEM
ENT
SUBSTANCE /
MATERIAL
CLASSIF
ICATI
ON &
REPORTI
NG
Incineration, Landfill
Packaging, PCBs, RoHS, WEEE, Sewage Sludge, ELVs, etc
TFS, Basel
Waste Lists, Waste Testing (33/2003), Statistics
PREVENTIONLCA, Eco-design, Green
Procurement, IPP, …
Inter-relationships with other EU Law
A Landfill (Landfill Directive)
SEVESO Directive
Habitats & Birds Directives
Waste Acceptance Criteria DecisionPublic Access to Env. Information Directive
EIA DirectiveWater Framework Directive
Minimum Inspection Criteria Decision
Air Quality Directive
IED Directive
EU Statistical Regulations
POPs Regulation
PRTR Regulations
SEA Directive
Emissions Trading Directive
Groundwater Directive
Liability Directive
Nitrates Directive
Aarhus Regulation
ABP Regulations
EWC Decision
Waste Framework Directive & other waste regulation
Evolution of the Regulation of Environmental Risk
Balance of
- Regulation
- Demonstration, &
- Education
- Awareness
The place for Regulation in the Environmental Behavioural Change hierarchy
Regulatory Intervention
Regulatory Partners
Regulatory Successes (Waste)
Operational Landfills 100+ in late 1990’s to <10 in 2014
Segregated Collection LA led through Permits
Producer Responsibility Initiatives WEEE Packaging Plastic bag
100% Compliance with EU targets(32:27:2:3)
Regulatory Success
PCB Regulations
Publication of EPA National Action Plan
Air Pollutants Regulation (LCP)
• IPPC Licensing• Emission Limit
Values (Moneypoint)
• National Emissions Reduction Plan
• Sulphur limits in Fuel Regulations
• More Renewables
CO2 Emissions Regulation
ETS
When we are not sure
Research RIA Incrementalism Consultation
Challenges
Complexity Industrial & SME Burden (‘Red Tape’) Resources to enforce Scalability Externalities Balance Ex-post analysis Integrated enforcement intelligence
